Martinez v. Otis Elevator Co.
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, Westchester County (Ruskin, J.), dated September 23, 1993, which denied her motion to vacate a default judgment.
Ordered that the order is affirmed, with costs.
A judgment of dismissal based on default was entered against the plaintiff when she failed to appear at a scheduled trial readiness conference. In order to vacate this judgment, the plaintiff had to proffer evidence not only that she had a reasonable excuse for her default, but also that she had a meritorious cause of action…
2Cases cited7 opinions
- Barasch v. MicucciNew York Court of Appeals · 1980
- Alliance Property Management & Development, Inc. v. Andrews Avenue Equities, Inc.New York Court of Appeals · 1987
- De Vito v. Marine Midland Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984
- Oversby v. Linde Division of Union Carbide Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Tandy Computer Leasing v. Video X Home LibraryAppellate Division of the Supreme Court of the State of New York · 1986
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
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- Perez v. Astoria General Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Piacentini v. Mineola Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1999
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