Majority
In an action, inter alia, for a judgment declaring that the defendants are bound by a certain restrictive covenant, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Jones, J.), dated August 7, 2006, as denied those branches of their motion which were to vacate an order of the same court dated June 20, 2005, granting, without opposition, the plaintiffs’ motion, inter alia, for summary judgment on the first two causes of action on the issue of liability, and upon vacatur, to deny the plaintiffs’ motion and grant their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
In seeking to vacate their default in opposing the plaintiffs’ motion, the defendants were required to demonstrate a reasonable excuse and a meritorious defense to the action (see CPLR
In light of our determination, we need not reach the defendants’ remaining contention. Spolzino, J.E, Krausman, Angiolillo and McCarthy, JJ., concur.
Cases cited
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co. 67 NY2d 138 at 141 p. 1034
- Canty v. Gregory 37 AD3d 508 p. 1034
- Hageman v. Home Depot U.S.A., Inc. 25 AD3d 760 at 761 p. 1034
- ELRAC, Inc. v. Nashon Holder 31 AD3d 636 p. 1034
- Grezinsky v. Mount Hebron Cemetery 305 AD2d 542 p. 1034
- Dowling Textile Manufacturing Co. v. Land 179 AD2d 621 p. 1034