302 A.D.2d 244 754 N.Y.S.2d 533

Amerasian International Enterprises, Ltd., et al., Respondents, v Health Care Concepts, Inc., et al., Appellants.

[754 NYS2d 533]

Appeal from order, Supreme Court, New York County (Ira Gammerman, J.), entered September 7, 2001, which, at a preliminary conference, struck defendants’ answer, unanimously dismissed, without costs.

The subject order is not appealable as of right (see Postel v New York Univ. Hosp., 262 AD2d 40, 41). While a subsequent motion to vacate or renew would have properly placed the issue defendants now seek to raise before this Court (see Torres v New York City Hous. Auth., 298 AD2d 207; Daniels v City of New York, 291 AD2d 260; Boyle v City of New York, 269 AD2d 135; Postel, supra), the record is devoid of any such motion.

Were we to reach the merits, we would find that defendants, while submitting a meritorious defense in the form of their verified answer (see Ellis v Jackson, 267 AD2d 20), failed to set forth the necessary reasonable excuse for failing to comply with the court’s repeated directions to provide discovery (see Color Wheel v Interstate Printing, 281 AD2d 161). The assertion by counsel was insufficient for this purpose. Concur — Tom, J.P., Sullivan, Ellerin, Marlow and Gonzalez, JJ. '

Amerasian International Enterprises, Ltd. v. Health Care Concepts, Inc.
302 A.D.2d 244 754 N.Y.S.2d 533

Case Details

Name
Amerasian International Enterprises, Ltd. v. Health Care Concepts, Inc.
Decision Date
Feb 13, 2003
Citations

302 A.D.2d 244

754 N.Y.S.2d 533

Jurisdiction
New York

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