Manhattan Vermeer Co. v. Guterman — 179 A.D.2d 561

Majority

p. 561

Manhattan Vermeer Company, Respondent, v Gerald Guterman et al., Appellants, et al., Defendants.

It is within the IAS court’s discretion to determine whether or not a party who claims not to have been properly served has shown a reasonable excuse for the default (see, Orimex Trading v Berman, 168 AD2d 263 ). Here, the record supports the IAS court’s conclusion that the appealing defendants did not show a reasonable excuse for their default, and indeed that the default was deliberate. Accordingly, the motion to

p. 562

vacate the default was properly denied. Concur — Murphy, P. J., Sullivan, Ellerin, Ross and Kassal, JJ.

Cases cited

Orimex Trading, Inc. v. Berman 168 AD2d 263 N.Y. App. Div. 1990-12-06 p. 561