Aponte v. Mott Haven Furniture Co.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered April 22, 2004, which, in an action for personal injuries sustained when plaintiff was attacked by a dog while walking on the sidewalk adjacent to a parking lot owned by defendant and leased to a nonparty, denied plaintiffs motion for leave to vacate her default in opposing defendant’s prior motion for summary judgment, unanimously affirmed, without costs.

While plaintiffs default may have been excusable, she fails to show a meritorious cause of action (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]).…