Green v. Fairway Operating Corp.

Order, Supreme Court, New York County (Walter B. Tolub, J.), entered January 14, 2009, which, in an action for personal injuries sustained in a slip and fall in defendants-respondents’ (defendants) supermarket, denied plaintiffs motion to vacate a prior order that had granted defendants’ motion for summary judgment upon plaintiffs default, unanimously affirmed, without costs.

Plaintiff fails to show a meritorious cause of action (see Kalisch v Maple Trade Fin. Corp., 35 AD3d 291 [2006]). In order to establish a meritorious cause of action, the affidavit of her nonparty witness who accompanied…