Sicari v. Wong

Appellate Division of the Supreme Court of New York

Sicari v. Wong

286 A.D.2d 489, 729 N.Y.S.2d 642, 2001 N.Y. App. Div. LEXIS 8278

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

DecidedAugust 27, 2001

StatusPublished

Cited by6 cases

This text of 286 A.D.2d 489 (Sicari v. Wong) 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

Sicari v. Wong, 286 A.D.2d 489, 729 N.Y.S.2d 642, 2001 N.Y. App. Div. LEXIS 8278 (N.Y. Ct. App. 2001).

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Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Golar, J.), dated September 25, 2000, which denied their motion pursuant to CPLR 5015 (a) to vacate an order of the same court dated December 13, 1999, granting the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff Kathleen Sicari did not sustain 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, a plaintiff must establish both a reasonable excuse for the default and a meritorious cause of action (see, CPLR 5015 [a]; Epps v LaSalle Bus, 271 AD2d 400). In this case, the plaintiffs failed to demonstrate either. Accordingly, the court properly denied the plaintiffs’ motion. Santucci, J. P., S. Miller, Luciano, Feuerstein and Adams, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Golar, J.), dated September 25, 2000, which denied their motion pursuant to CPLR 5015 (a) to vacate an order of the same court dated December 13, 1999, granting the defendants’ motion for summary judgment dismissing the complaint on the ground that the plaintiff Kathleen Sicari did not sustain 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, a plaintiff must establish both a reasonable excuse for the default and a meritorious cause of action (see, CPLR 5015 [a]; Epps v LaSalle Bus, 271 AD2d 400). In this case, the plaintiffs failed to demonstrate either. Accordingly, the court properly denied the plaintiffs’ motion. Santucci, J. P., S. Miller, Luciano, Feuerstein and Adams, JJ., concur.

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Bluebook (online)

286 A.D.2d 489, 729 N.Y.S.2d 642, 2001 N.Y. App. Div. LEXIS 8278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sicari-v-wong-nyappdiv-2001.

Opinion

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