Brown v. Heller

—Mercure, J. P.

Appeal from an order of the Supreme Court (Kane, J.), entered October 7, 1997 in Sullivan County, which granted plaintiffs motion to vacate a default judgment dismissing the complaint for failure to prosecute.

The only issue that need be considered on this appeal by defendants from Supreme Court’s order vacating the default judgment entered against plaintiff is whether plaintiff supported her motion with an adequate showing of a meritorious cause of action. In our view, Supreme Court correctly determined that the conclusory allegations of the complaint could not competently…