Daniels v. Smith

In an action for a judgment declaring a constructive trust in favor of the plaintiff over property located at 211 Brooklyn Avenue in Brooklyn, the plaintiff appeals from an order of the Supreme Court, Kings County (Shaw, J.), dated February 4, 1994, which denied her motion to vacate a prior order of the same court, dated December 13, 1993, dismissing the complaint and granting the defendant’s counterclaim for ejectment, upon the plaintiff’s default in appearing for trial.

Ordered that the order is affirmed, with costs.

The plaintiff has failed to establish a reasonable excuse for her default or…