| Taddeo-Amendola v 970 Assets, LLC |
| 2010 NY Slip Op 02943 [72 AD3d 677] |
| April 6, 2010 |
| Appellate Division, Second Department |
| Carmina Taddeo-Amendola et al., Respondents, v 970Assets, LLC, et al., Appellants, et al., Defendant. |
—[*1] Cassisi & Cassisi, P.C. (Shayne, Dachs, Corker, Sauer & Dachs, LLP, Mineola, N.Y.[Jonathan A. Dachs], of counsel), for respondents.
In an action, inter alia, to recover for property damage, the defendants 970 Assets, LLC,Sharon Cohen, Century Development of NY, Inc., and Glenwood Assets, Inc., appeal from anorder of the Supreme Court, Queens County (Mayersohn, J.), dated June 26, 2009, which grantedthe plaintiffs' motion for leave to enter a judgment against them upon their failure to answer thecomplaint, and denied their cross motion to vacate their default in answering the complaint andto compel the plaintiffs to accept their untimely answer.
Ordered that the order is affirmed, with costs.
"A defendant seeking to vacate a default in answering a complaint must demonstrate ajustifiable excuse for the default and a meritorious defense to the action (see CPLR 5015[a] [1]; Caputo v Peton, 13 AD3d474 [2004]; Glibbery v Cosenza &Assoc., 4 AD3d 393 [2004])" (Fekete v Camp Skwere, 16 AD3d 544, 545 [2005]). Here, theappellants failed to do either. Fisher, J.P., Covello, Balkin, Leventhal and Lott, JJ., concur.