Davies v. Baranovich
Cases that cite this one
5 later published cases cite this decision.
- Belson v. Dix Hills Air Conditioning, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Jedraszak v. County of Westchester (Appellate Division of the Supreme Court of New York 2013)
- Jedraszak v. County of Westchester (Appellate Division of the Supreme Court of New York 2013)
- Garcia v. North Shore Long Island Jewish Forest Hills Hospital (Appellate Division of the Supreme Court of New York 2012)
- Garcia v. North Shore Long Island Jewish Forest Hills Hospital (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiff failed to demonstrate a reasonable excuse for his default in opposing the defendants’ motion pursuant to CPLR 3216 to dismiss the complaint (see Bazoyah v Herschitz, 79 AD3d 1081 [2010]). He also failed to demonstrate a potentially meritorious opposition to the defendants’ motion (id. at 1082), as he failed to “establish a . . . justifiable excuse for his failure to timely file a note of issue and . . . meritorious cause of action” (Umeze v Fidelis Care N.Y., 17 NY3d 751, 751 [2011]; see Gache v Incorporated Vil. of Freeport, 202 AD2d 470, 470-471 [1994]). Accordingly, the Supreme Court properly denied his motion pursuant to CPLR 5015 (a) (1) to vacate the prior order granting the defendants’ motion. Rivera, J.P, Florio, Eng, Hall and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.