Eaves v. Ocana

Full title: TINA M. EAVES, Respondent, v. MIGUEL OCANA, Appellant, et al., Defendants

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

Date published: Jul 7, 1986

122 A.D.2d 18 (N.Y. App. Div. 1986)

Opinion

July 7, 1986

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

Order reversed, on the law, without costs or disbursements, motion granted and complaint dismissed as against the defendant Miguel Ocana.

In order to defeat a motion pursuant to CPLR 3215 (c), an opposing plaintiff is required to show both a reasonable and acceptable excuse for the delay and that his cause has merit (Finan v Queens Tr. Corp., 100 A.D.2d 951). Since no such showing was made, it was error for Special Term to deny the appellant's motion to dismiss the complaint as against him (cf. Woodward v City of New York, 119 A.D.2d 749). Weinstein, J.P., Niehoff, Lawrence and Kooper, JJ., concur.