Antoku v. Grace Industries, Inc.

Appellate Division of the Supreme Court of New York

Antoku v. Grace Industries, Inc.

295 A.D.2d 294, 742 N.Y.S.2d 901, 2002 N.Y. App. Div. LEXIS 5723

Appellate Division of the Supreme Court of the State of New York·Decided June 3, 2002·Published·Cited by 2 cases

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Dye, J.), dated April 11, 2001, which denied his motion to vacate a prior order of the same court, dated September 13, 2000, granting the defendant’s motion to dismiss the complaint pursuant to CPLR 3126, upon the plaintiff’s default in opposing the motion.

Ordered that the order is affirmed, with costs.

In moving to vacate his default, the plaintiff did not demonstrate a reasonable excuse or the existence of a meritorious cause of action (see Fuller v Tae Kwon, 259 AD2d 662). Altman, J.P., Feuerstein, Friedmann, Schmidt and Townes, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Dye, J.), dated April 11, 2001, which denied his motion to vacate a prior order of the same court, dated September 13, 2000, granting the defendant’s motion to dismiss the complaint pursuant to CPLR 3126, upon the plaintiff’s default in opposing the motion.

Ordered that the order is affirmed, with costs.

In moving to vacate his default, the plaintiff did not demonstrate a reasonable excuse or the existence of a meritorious cause of action (see Fuller v Tae Kwon, 259 AD2d 662). Altman, J.P., Feuerstein, Friedmann, Schmidt and Townes, JJ., concur.

Antoku v. Grace Industries, Inc., 295 A.D.2d 294, 742 N.Y.S.2d 901, 2002 N.Y. App. Div. LEXIS 5723 (N.Y. Ct. App. 2002).

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295 A.D.2d 294 (Antoku v. Grace Industries, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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