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WILSON v. 4410 RESTAURANT CORPORATION

Appellate Division of the Supreme Court of New York, Second Department.
Dec 15, 1997

Ordered that the order is affirmed, with costs.

In order to vacate their default, the appellants were required to demonstrate a reasonable excuse for their failure to appear at the April 24, 1997, calendar call and a meritorious defense ( see, CPLR 5015 [a]; Wood v. Martins, 232 A.D.2d 407). Because the appellants failed to establish either, the Supreme Court did not improvidently exercise its discretion in denying their application to vacate their default.

Mangano, P.J., Copertino, Joy, Florio and Luciano, JJ., concur.