Appeal by defendants from an order of the Civil Court, Kings County (D. Silber, J.), entered September 9, 2003, denying defendants' motion to vacate a default judgment entered against them.

Order unanimously affirmed without costs.

In this action to recover rent arrears, the court properly found that defendants demonstrated neither reasonable excuse for their default nor a meritorious defense, as required by CPLR 5015 upon a motion to vacate a default judgment (Putney v Pearlman, 203 AD2d 333 [1994]). The determination of what constitutes a reasonable excuse lies within the sound discretion of the trial court (Bardales v Blades, 191 AD2d 667, 668 [1993]), and the court providently exercised its discretion in this case. Defendants admitted to the court, and admit upon this appeal, that they vacated the apartment with rent due and owing, and their statements that they failed to appear for trial because they never received service of court papers was properly found not credible, as they interposed an answer to the action by personal appearance, and only moved to vacate after their bank account was restrained (see Westchester Med. Ctr. v ELRAC, Inc., 301 AD2d 518 [2003]; Eretz Funding v Shalosh Assocs., 266 AD2d 184 [1999]). [*2]
Decision Date: June 23, 2004