| Immigration Servs. for New Ams. v Monchas |
| 2015 NY Slip Op 05158 [129 AD3d 913] |
| June 17, 2015 |
| Appellate Division, Second Department |
[*1]
| Immigration Services for New Americans, DoingBusiness as Easy Leasing, Respondent, v Ilya Monchas et al.,Appellants. |
Powell & Roman, LLC, New York, N.Y. (Robert G. Androsiglio of counsel),for appellants.
Law Offices of David O'Connor, P.C., Brooklyn, N.Y., for respondent.
In an action to recover damages for breach of contract, the defendants appeal from anorder of the Supreme Court, Kings County (Bunyan, J.), dated March 12, 2014, whichdenied their motion pursuant to CPLR 5015 (a) (1) to vacate a judgment of the samecourt dated June 18, 2013, entered upon their failure to appear or answer, and for leave toserve a late answer.
Ordered that the order is affirmed, with costs.
To vacate the judgment entered upon their default in appearing in this action, thedefendants were required to demonstrate a reasonable excuse for their default and apotentially meritorious defense to the action (see Stephan B. Gleich & Assoc. v Gritsipis, 87 AD3d216, 221 [2011]; Cuzzo vCuzzo, 65 AD3d 1274 [2009]; Verde Elec. Corp. v Federal Ins. Co., 50 AD3d 672,672-673 [2008]). The bare and unsupported allegations of the defendant Ilya Monchas,who was also the president of the defendant Brooklyn Style Leasing, Inc., that he reliedon the erroneous legal advice of an unidentified person in deciding not to do anything inresponse to the summons with notice, were insufficient to demonstrate a reasonableexcuse for the default in appearing in this action and for the subsequent2
The defendants' remaining contentions that the plaintiff failed to comply with therequirements of CPLR 3215 (f) and (g) (3) are not properly before this Court (see Wilson v Galicia Contr. &Restoration Corp., 10 NY3d 827, 829-830 [2008]). Dillon, J.P., Leventhal,Roman, Sgroi and Hinds-Radix, JJ., concur.