Desocio v. Fifth Avenue Fifty Ninth Corp.

Full title: NICHOLAS DESOCIO et al., Appellants, v. FIFTH AVENUE FIFTY NINTH…

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

Date published: Jun 8, 1999

262 A.D.2d 67 (N.Y. App. Div. 1999)

689 N.Y.S.2d 636

Opinion

June 8, 1999.

Appeal from the Supreme Court, New York County (Lorraine Miller, J.).

Plaintiffs' motion to vacate their default in responding to defendants' summary judgment motion was properly denied in light of plaintiffs' failure to make the requisite demonstration that their action possessed merit ( see, M.D. Son Contr. v. American Props., 179 A.D.2d 519). Particularly noteworthy in this regard was the circumstance that plaintiff's deposition testimony as to the manner in which his accident occurred contradicted his pleadings.

Concur — Williams, J.P., Wallach, Andrias and Friedman, JJ.