Yong U Lee v. Huan Wen Zhang
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, Queens County (Weinstein, J.), entered October 30, 2013, which denied his renewed motion, inter alia, to vacate the dismissal of the action.
Ordered that the order is affirmed, with costs.
On May 27, 2010, the action was dismissed after the plaintiff failed to appear in the Trial Scheduling Part.
To vacate the dismissal of an action pursuant to CPLR 5015 (a) (1), a plaintiff must demonstrate both a reasonable excuse for the default and a potentially meritorious cause of action (see…
2Cases cited9 opinions
- Rockland Bakery, Inc. v. B.M. Baking Co.Appellate Division of the Supreme Court of the State of New York · 2011
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- Prospect Park Management, LLC v. BeattyAppellate Division of the Supreme Court of the State of New York · 2010
- Sandhu v. Mercy Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008
- Nahmani v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by7 opinions
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- Erzulie Prudence v. WhiteAppellate Division of the Supreme Court of the State of New York · 2016
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