Majewski v. Weiss

284 A.D.2d 433, 726 N.Y.S.2d 861, 2001 N.Y. App. Div. LEXIS 6307

This text of 284 A.D.2d 433 (Majewski v. Weiss) 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
Majewski v. Weiss, 284 A.D.2d 433, 726 N.Y.S.2d 861, 2001 N.Y. App. Div. LEXIS 6307 (N.Y. Ct. App. 2001).

Opinion

—In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Patterson, J.), dated August 14, 2000, which denied her motion, in effect, to vacate her default in opposing the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in [434]*434denying the plaintiffs motion since the plaintiff failed to establish a reasonable excuse for her default (see, Roessler v Caruso & Caruso, 262 AD2d 627; General Elec. Capital Auto Lease v Terzi, 232 AD2d 449).

In light of our determination, we do not reach the plaintiffs remaining contention. Ritter, J. P., Altman, McGinity, Smith and Cozier, JJ., concur.

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Related

General Electric Capital Auto Lease, Inc. v. Terzi
232 A.D.2d 449 (Appellate Division of the Supreme Court of New York, 1996)
Roessler v. Caruso & Caruso, P. C.
262 A.D.2d 627 (Appellate Division of the Supreme Court of New York, 1999)

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Bluebook (online)
284 A.D.2d 433, 726 N.Y.S.2d 861, 2001 N.Y. App. Div. LEXIS 6307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/majewski-v-weiss-nyappdiv-2001.