General

Riverhead Food Market, Inc., Respondent, v. Taddeus Zalewski et al., Appellants

221 A.D.2d 617635 N.Y.S.2d 492·New York Supreme Court, Appellate Division·1995·NY

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Opinion

Riverhead Food Market, Inc., Respondent, v Taddeus Zalewski et al., Appellants. [635 NYS2d 492] [MAJORITY] —In an action to recover a down payment, the defendants appeal from an order of the Supreme Court, Nassau County (Kohn, J.), dated August 1, 1994, which denied their motion to vacate a default judgment dated May 25, 1994. Ordered that the order is affirmed, with costs. The Supreme Court found that the proffered excuse of law office failure was not a reasonable excuse for the defendants’ default. Under the circumstances of this case we discern no improvident exercise of discretion in the Supreme Court’s rejection of this excuse (see, Fennell v Mason, 204 AD2d 599; Putney v Pearlman, 203 AD2d 333). The defendants’ remaining contentions are without merit. Sullivan, J. P., Thompson, Krausman and Florio, JJ., concur.