Appellate Division of the Supreme Court of New York, 2008

Katanova v. Eastern Metalworks, Inc.

Katanova v. Eastern Metalworks, Inc.
Appellate Division of the Supreme Court of New York · Decided December 16, 2008
57 A.D.3d 736; 868 N.Y.2d 903
Katanova v. Eastern Metalworks, Inc.

Opinion of the Court

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 *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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