Antoine v. Bee
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 plaintiff appeals from an order of the Supreme Court, Kings County (Hurkin-Torres, J.), dated July 16, 2004, which, inter alia, denied his motion pursuant to CPLR 5105 (a) (1) to vacate an order of the same court dated June 6, 2003, granting the defendant’s unopposed motion for summary judgment.
Ordered that the order dated July 16, 2004, is affirmed, with costs.
To vacate a default, a plaintiff must demonstrate a reasonable excuse for the default and the existence of a meritorious cause of action (see Scarlett v McCarthy, 2 AD3d 623…
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- Majestic Clothing Inc. v. East Coast Storage, LLCAppellate Division of the Supreme Court of the State of New York · 2005
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