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ELEANOR R. BOHLMAN, Respondent-Appellant, v. JOHN W. BOHLMAN et al., Appellants-Respondents.

Appeal from the judgment dismissed. No appeal lies from a judgment entered on default.

Order affirmed.

Plaintiff is awarded one bill of costs.

Defendants' contentions on the appeal from the judgment are not reviewable by this court since it was entered upon proceedings on an uncontested inquest after default (see, James v Powell, 19 N.Y.2d 249, 256, n 3; Katz v Katz, 68 A.D.2d 536, 540-541).

Special Term did not abuse its discretion by refusing to vacate the judgment and excuse defendants' default. Defendants have made no showing of a reasonable excuse for their default. The record shows that defendants' default was knowing and purposeful. Their allegations of law office failure are nothing more than a transparent attempt to cover up their own deliberate attempts to keep this action from proceeding. Additionally, defendants have made no showing of a meritorious defense.

Special Term also did not err in reducing the award of punitive damages. Under the circumstances of this case, the verdict was "so grossly excessive `as to show by its very exorbitancy that it was actuated by passion'" (Nardelli v Stamberg, 44 N.Y.2d 500, 504, quoting from 1 Clark, New York Law of Damages § 56, at 102). O'Connor, J.P., Niehoff, Rubin and Lawrence, JJ., concur.

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BOHLMAN v. BOHLMAN
(Nov 4, 1985)