Legal Opinion

Uddin v. Mirza

Appellate Division of the Supreme Court of the State of New York

Decided September 27, 2004PublishedCited by 8 opinions

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 (Huttner, J.), dated May 20, 2003, which denied his motion to vacate an order of the same court dated November 19, 2002, dismissing the action upon his default in proceeding to trial.

Ordered that the order is affirmed, with costs.

In order to vacate his default in proceeding to trial, the plaintiff was required to demonstrate a reasonable excuse for the default and a meritorious cause of action (see Roussodimou v Zafiriadis, 238 AD2d 568 [1997]). The plaintiff failed,…

2Cases cited2 opinions

  1. Roussodimou v. ZafiriadisAppellate Division of the Supreme Court of the State of New York · 1997
  2. Itskovich v. LichenstadterAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by8 opinions

  1. Sharpe v. OsorioAppellate Division of the Supreme Court of the State of New York · 2005
  2. Louis v. MTA Long Island Bus Co.Appellate Division of the Supreme Court of the State of New York · 2007
  3. Murphy v. ShawAppellate Division of the Supreme Court of the State of New York · 2006
  4. Rezene v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2005
  5. Rodriguez v. NgAppellate Division of the Supreme Court of the State of New York · 2005

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