Gomez v. Lotero

Appellate Division of the Supreme Court of New York

Gomez v. Lotero

273 A.D.2d 198, 709 N.Y.S.2d 441, 2000 N.Y. App. Div. LEXIS 6235

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

DecidedJune 5, 2000

StatusPublished

Cited by2 cases

This text of 273 A.D.2d 198 (Gomez v. Lotero) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gomez v. Lotero, 273 A.D.2d 198, 709 N.Y.S.2d 441, 2000 N.Y. App. Div. LEXIS 6235 (N.Y. Ct. App. 2000).

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Opinion

In an action, inter alia, to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (Golar, J.), dated January 15, 1999, which denied their motion to vacate a prior order of the same court, dated June 29, 1998, granting the defendant’s motion for summary judgment dismissing the complaint on the ground that none of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d), upon their default in opposing the motion.

Ordered that the order is affirmed, with costs.

To vacate a default on a motion, a plaintiff must establish that the default was excusable and that he or she has a meritorious cause of action (see, McFarlane v City of New York, 243 AD2d 691). The affirmation of the plaintiffs’ expert, which was the only competent evidence submitted in support of their motion to vacate the prior order, failed to make out a meritorious cause of action (see, Smith v Askew, 264 AD2d 834; Grossman v Wright, 268 AD2d 79). O’Brien, J. P., Sullivan, Goldstein, Luciano and Feuerstein, JJ., concur.

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In an action, inter alia, to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (Golar, J.), dated January 15, 1999, which denied their motion to vacate a prior order of the same court, dated June 29, 1998, granting the defendant’s motion for summary judgment dismissing the complaint on the ground that none of the plaintiffs sustained a serious injury within the meaning of Insurance Law § 5102 (d), upon their default in opposing the motion.

Ordered that the order is affirmed, with costs.

To vacate a default on a motion, a plaintiff must establish that the default was excusable and that he or she has a meritorious cause of action (see, McFarlane v City of New York, 243 AD2d 691). The affirmation of the plaintiffs’ expert, which was the only competent evidence submitted in support of their motion to vacate the prior order, failed to make out a meritorious cause of action (see, Smith v Askew, 264 AD2d 834; Grossman v Wright, 268 AD2d 79). O’Brien, J. P., Sullivan, Goldstein, Luciano and Feuerstein, JJ., concur.

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Bluebook (online)

273 A.D.2d 198, 709 N.Y.S.2d 441, 2000 N.Y. App. Div. LEXIS 6235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gomez-v-lotero-nyappdiv-2000.

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