Citation Codes Equivalent Citations citation codes Attorney(S) David G. Samuels for Seymour I. Cohen for See more information ... Smart Summary Please sign up to generate summary. Q.P.I. RESTAURANTS LTD., Appellant, v. DESMOND SLEVIN et al., Respondents. On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed, with costs, motion to vacate the default judgment denied and matter remitted to the Appellate Division, First Department, for consideration of the issues not already passed upon by that court. Question certified answered in the affirmative. The Appellate Division abused its discretion as a matter of law in conditionally vacating the default judgment taken against defendants as a consequence of their failure to answer, for which the only excuse offered was law office failure ( Eaton v Equitable Life Assur. Soc. of U.S., 56 N.Y.2d 900). Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.