Garcia v. Riverbay Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Kibbie F. Payne, J.), entered August 14, 2012, which, in an action for personal injuries, denied plaintiffs motion to vacate a prior order granting defendant’s motion for summary judgment upon plaintiffs default, unanimously affirmed, without costs.
The court exercised its discretion in a provident manner in *543denying the motion to vacate the default. Plaintiff failed to offer a reasonable excuse for the default, as her counsel made only conclusory assertions of having been engaged in another trial, without any support and without naming the time and dates of…
2Cases cited2 opinions
- Galaxy General Contracting Corp. v. 2201 7th Ave. Realty LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Polanco v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010