Daniels v. Smith

Full title: HELEN M. DANIELS, Appellant, v. MAJORIE SMITH, Respondent

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

Date published: Sep 18, 1995

219 A.D.2d 612 (N.Y. App. Div. 1995)

631 N.Y.S.2d 389

Opinion

September 18, 1995

Appeal from the Supreme Court, Kings County (Shaw, J.).

Ordered that the order is affirmed, with costs.

The plaintiff has failed to establish a reasonable excuse for her default or a meritorious claim (see, State Farm Ins. Co. v Sheeran, 204 A.D.2d 617). With regard to the latter, we note that the plaintiff has failed to allege, let alone establish, the existence of a promise, either express or implied, or that a transfer of the subject premises was ever made in reliance on such a promise (see, Bankers Sec. Life Ins. Socy. v Shakerdge, 49 N.Y.2d 939, 940). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.