Nacson v. Semmel

In an action, inter alia, to recover damages for intentional infliction of emotional distress, fraud, and misrepresentation, the plaintiff appeals from an order of the Supreme Court, Rings County (Martin, J.), dated November 27, 2000, which granted the defendant’s motion to vacate her default in opposing his motion for summary judgment and to dismiss the complaint for failure to state a cause of action and as barred by the statute of limitations.

Ordered that the order is affirmed, with costs.

A defendant seeking to vacate a default must demonstrate to the court the existence of excusable…