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Desena v. 486 Henry Supermarket, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2000
269 A.D.2d 557 (N.Y. App. Div. 2000)

Opinion

Submitted January 19, 2000

February 28, 2000

In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated March 24, 1999, which granted the plaintiffs' motion to vacate a judgment of the same court, dated December 14, 1998, dismissing their complaint.

Carole A. Burns, Mineola, N.Y. (Anthony W. Russo and Kristine A. Renna of counsel), for appellant.

DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, and the motion is denied.

In order to obtain the relief which the plaintiffs requested, they were required to establish both a reasonable excuse for their defaults and a meritorious cause of action (see, Reilly v. Syosset Hosp., 225 A.D.2d 602 ). The plaintiffs failed to establish reasonable excuses for their failure on two occasions to comply with the court's discovery orders and to oppose entry of the judgment dismissing the complaint, and thus failed to satisfy the standard.


Summaries of

Desena v. 486 Henry Supermarket, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2000
269 A.D.2d 557 (N.Y. App. Div. 2000)
Case details for

Desena v. 486 Henry Supermarket, Inc.

Case Details

Full title:SALVATORE DESENA, et al., respondents, v. 486 HENRY SUPERMARKET, INC.…

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

Date published: Feb 28, 2000

Citations

269 A.D.2d 557 (N.Y. App. Div. 2000)
704 N.Y.S.2d 821

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