Opinion
No. 2014–471QC.
07-14-2015
Jeseda HINES, Appellant, v. Colin CHAMBERS, Respondent.
Opinion
ORDERED that the order, insofar as appealed from, is affirmed, without costs.
In this action to recover for personal injuries, property damage and loss of property, plaintiff failed to appear for trial and the complaint was dismissed. Plaintiff's motion to vacate the order dismissing the complaint and to restore the matter to the calendar was denied. Thereafter, upon, in effect, reargument, the Civil Court adhered to its prior determination.
A party seeking to vacate a default in appearing must demonstrate a reasonable excuse for the default and a meritorious cause of action (see CPLR 5015[a] [1] ; Kandel v. Hoffman, 309 A.D.2d 904 [2003] ; Campenni v. Ridgecroft Estates Owners, 61 A.D.2d 496 [1999] ). Here, plaintiff failed to establish either. Consequently, the Civil Court, upon, in effect, reargument, properly adhered to its original determination denying plaintiff's motion to vacate the order dismissing the complaint.
Accordingly, the order, insofar as appealed from, is affirmed.
WESTON, J.P., ALIOTTA and ELLIOT, JJ., concur.