Hirsch v. Monroe Bus Corp.

• Decision Date: 20 December 2004
• Docket Number: 2004-00499.
• Citation: 2004 NY Slip Op 09467,785 N.Y.S.2d 311,13 A.D.3d 486
• Parties: GABOR SIMON HIRSCH et al., Respondents, v. MONROE BUS CORP. et al., Appellants.
• Court: New York Supreme Court — Appellate Division

13 A.D.3d 486

785 N.Y.S.2d 311

2004 NY Slip Op 09467

GABOR SIMON HIRSCH et al., Respondents, v. MONROE BUS CORP. et al., Appellants.

2004-00499.

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 20, 2004

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (M. Garson, J.), dated December 10, 2003, which denied their motion, in effect, to vacate their default in answering the complaint.

Ordered that the order is affirmed, with costs.

The defendants were required to demonstrate a reasonable excuse for their default and a meritorious defense (see Chiulli v Coyne, 292 AD2d 413, 414 [2002]; J.P. Equip. Rental & Materials v Fidelity & Guar. Ins. Co., 288 AD2d 187 [2001]). The defendants failed to offer a reasonable excuse for their default. Accordingly, the Supreme Court providently denied their motion.

The defendants' remaining contentions are without merit.

Ritter, J.P., H. Miller, Schmidt, Crane and Skelos, JJ., concur.