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Briggs v. Jackman and Lake, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1997
238 A.D.2d 367 (N.Y. App. Div. 1997)

Opinion

April 14, 1997


In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Le Vine, J.), dated December 13, 1995, which denied her motion to vacate an order of the same court dated October 12, 1993, which, upon the default of the plaintiff in opposing the defendants' motion for summary judgment dismissing the complaint, granted the motion.

Ordered that the order is affirmed, with costs.

It is well settled that a party attempting to vacate a default must establish both a reasonable excuse for the default and a meritorious claim or defense ( see, Putney v. Pearlman, 203 A.D.2d 333). The plaintiff has failed to satisfy this standard in this case. Rosenblatt, J.P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.


Summaries of

Briggs v. Jackman and Lake, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1997
238 A.D.2d 367 (N.Y. App. Div. 1997)
Case details for

Briggs v. Jackman and Lake, Inc.

Case Details

Full title:JENNIFER BRIGGS, Appellant, v. JACKMAN AND LAKE, INC., et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 14, 1997

Citations

238 A.D.2d 367 (N.Y. App. Div. 1997)
657 N.Y.S.2d 33