| Simpson v Town of Southampton |
| 2007 NY Slip Op 06859 [43 AD3d 1033] |
| September 18, 2007 |
| Appellate Division, Second Department |
| Robert Simpson et al., Respondents, v Town ofSouthampton et al., Appellants. |
—[*1] Esseks, Hefter & Angel, LLP, Riverhead, N.Y. (William W. Esseks, Anthony C. Pasca, andLisa J. Ross of counsel), for respondents.
In an action, inter alia, for a judgment declaring that the defendants are bound by a certainrestrictive covenant, the defendants appeal, as limited by their brief, from so much of an order ofthe Supreme Court, Suffolk County (Jones, J.), dated August 7, 2006, as denied those branchesof 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 twocauses of action on the issue of liability, and upon vacatur, to deny the plaintiffs' motion andgrant 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 wererequired to demonstrate a reasonable excuse and a meritorious defense to the action (seeCPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138,141 [1986]; Canty v Gregory, 37AD3d 508 [2007]; Hageman vHome Depot U.S.A., Inc., 25 AD3d 760, 761 [2006]). The defendants' conclusoryexcuse of law office failure did not constitute a reasonable excuse for their failure to oppose themotion (see Matter of ELRAC, Inc. vHolder, 31 AD3d 636 [2006]; Grezinsky v Mount Hebron Cemetery, 305 AD2d542 [2003]). The defendants also failed to demonstrate any causal connection between the TownAttorney's illness and the default (see Dowling Textile Mfg. Co. v Land, 179 AD2d 621[1992]). Accordingly, the branch of the defendants' motion which was to vacate their default[*2]was properly denied.
In light of our determination, we need not reach the defendants' remaining contention.Spolzino, J.P., Krausman, Angiolillo and McCarthy, JJ., concur.