Parker v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant James V. Dodds appeals from an order of the Supreme Court, Kings County (Bruno, J.), dated August 14, 1998, which granted the plaintiffs motion to vacate his default in appearing for oral argument on the motion of the defendant James V. Dodds for summary judgment, and denied that motion.
Ordered that the order is affirmed, with costs.
It is well settled that a plaintiff seeking to vacate a default must demonstrate both a reasonable excuse for the default and the existence of a meritorious claim (see, CPLR 5015 [a] [1]; *311Piacent…
2Cases cited9 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Rivera v. New York City Transit AuthorityNew York Court of Appeals · 1991
- Ferrer v. HarrisNew York Court of Appeals · 1982
- Kolajo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Robinson v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
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