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High v. Wright

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 378 (N.Y. App. Div. 1999)

Opinion

Submitted June 22, 1999

October 12, 1999

In an action to recover damages for personal injuries, the defendant Wilbert Patron, Jr., appeals, (1) as limited by his brief, from so much of an order of the Supreme Court, Queens County (Lonschein, J.).


ORDERED that the appeal from the order dated August 26, 1997, is dismissed, as the part of that order which is appealed from was superseded by the order dated February 24, 1998, made upon reargument; and it is further,

ORDERED that the orders dated January 8, 1997, and February 24, 1998, are affirmed insofar as appealed from; and it is further,

ORDERED that the order dated February 13, 1997, is affirmed; and it is further,

ORDERED that the respondents are awarded one bill of costs.

The appellant did not demonstrate a reasonable excuse for his default and a meritorious defense. Accordingly, the Supreme Court did not improvidently exercise its discretion in denying his motion to vacate his default ( see, Bambino v. Bambino, 261 A.D.2d 426 [2d Dept., May 10, 1999]; Neuman v. Greenblatt, 260 A.D.2d 616 [2d Dept., Apr. 26, 1999]; Roussodimou v. Zafiriadis, 238 A.D.2d 568; Putney v. Pearlman, 203 A.D.2d 333).

The parties remaining contentions are without merit.

THOMPSON, J.P., FRIEDMANN, SCHMIDT, and SMITH, JJ., concur.


Summaries of

High v. Wright

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 378 (N.Y. App. Div. 1999)
Case details for

High v. Wright

Case Details

Full title:CLIFTON HIGH, et al., respondents, v. MARGARET WRIGHT, defendant, WILBERT…

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

Date published: Oct 12, 1999

Citations

265 A.D.2d 378 (N.Y. App. Div. 1999)
696 N.Y.S.2d 835