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Chepilko v. Cornell Univ.

Appellate Term of the Supreme Court of New York, First Department
Dec 13, 2005
2005 N.Y. Slip Op. 52025 (N.Y. App. Term 2005)

Opinion

570336/05.

Decided December 13, 2005.

Plaintiff appeals from an order of the Civil Court, New York County (Geoffrey D. Wright, J.), entered July 26, 2004, which denied his motion to vacate a prior summary dismissal on default, and from an order, same court and Judge, entered September 17, 2004, denying his motion for reargument.

Order (Geoffrey D. Wright, J.), entered July 26, 2004, affirmed, without costs. Appeal from order denying reargument (Geoffrey D. Wright, J.), entered September 17, 2004, dismissed, without costs, as taken from a nonappealable order.

PRESENT: Suarez, P.J., Davis, Schoenfeld, JJ.


Plaintiff was fired assertedly for cause in September 2001, three months into a one-year contract of employment. Most of his complaint in Supreme Court was dismissed in July 2003, and the surviving claim for breach of contract was transferred to Civil Court pursuant to CPLR § 325-d. Defendants' motion for summary judgment was granted on default in May 2004.

Plaintiff was required to show a reasonable excuse for his default and a meritorious cause of action. Plaintiff has failed to meaningfully challenge defendants' averment that he failed to complete his assigned laboratory tasks with requisite skill, instead claiming that his termination was without cause and for the ulterior motive of trying to cover up illegal activities on defendants' part. Plaintiff has failed to offer a factual basis for any of these allegations.

This constitutes the decision and order of the Court.


Summaries of

Chepilko v. Cornell Univ.

Appellate Term of the Supreme Court of New York, First Department
Dec 13, 2005
2005 N.Y. Slip Op. 52025 (N.Y. App. Term 2005)
Case details for

Chepilko v. Cornell Univ.

Case Details

Full title:SERGEI CHEPILKO, M.D., Ph.D., v. CORNELL UNIVERSITY, HUNTER R. RAWLINGS…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Dec 13, 2005

Citations

2005 N.Y. Slip Op. 52025 (N.Y. App. Term 2005)
809 N.Y.S.2d 480