Tuckahoe Terrace Cooperative, Inc. v. Lal Construction Corp.

The facts stated in the moving papers are insufficient to show that plaintiff’s default ivas due to mistake, inadvertence, surprise or excusable neglect; nor is there any factual showing that plaintiff has a meritorious cause of action (cf. Bennett v. Dorothy Damour, Inc., 13 A D 2d 816; Heller v. Ward, 10 A D 2d 633). Furthermore, no proposed complaint was submitted alleging a valid cause of action (cf. 418 Trading Corp. v. Pelliccio, 13 A D 2d 804). Upon this record, it was an improvident exercise of discretion to grant the motion. Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.