Katanova v. Eastern Metalworks, Inc.

Appellate Division of the Supreme Court of New York

Katanova v. Eastern Metalworks, Inc.

57 A.D.3d 736, 868 N.Y.2d 903

Appellate Division of the Supreme Court of the State of New York·Decided December 16, 2008·Published

Opinion

In order to vacate the dismissal of this action, the plaintiff was required to demonstrate a reasonable excuse for her default in opposing the defendant’s motion, in effect, to vacate an order dated September 8, 2006, and a meritorious opposition to that [737]*737motion (see Raciti v Sands Point Nursing Home, 54 AD3d 1014 [2008]; Simpson v Tommy Hilfiger U.S.A., Inc., 48 AD3d 389 [2008]; Joseph v GMAC Leasing Corp., 44 AD3d 905 [2007]). Here, the plaintiff failed to meet her burden. Rivera, J.P., Florio, Angiolillo, McCarthy and Chambers, JJ., concur.

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In order to vacate the dismissal of this action, the plaintiff was required to demonstrate a reasonable excuse for her default in opposing the defendant’s motion, in effect, to vacate an order dated September 8, 2006, and a meritorious opposition to that [737]*737motion (see Raciti v Sands Point Nursing Home, 54 AD3d 1014 [2008]; Simpson v Tommy Hilfiger U.S.A., Inc., 48 AD3d 389 [2008]; Joseph v GMAC Leasing Corp., 44 AD3d 905 [2007]). Here, the plaintiff failed to meet her burden. Rivera, J.P., Florio, Angiolillo, McCarthy and Chambers, JJ., concur.

Katanova v. Eastern Metalworks, Inc., 57 A.D.3d 736, 868 N.Y.2d 903 (N.Y. Ct. App. 2008).

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Opinion

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