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Masotto v. Bravata

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1997
244 A.D.2d 390 (N.Y. App. Div. 1997)

Opinion

November 10, 1997

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


Ordered that the order is reversed, on the law, with costs, the defendant's motion is denied, and the order dated May 21, 1996, is reinstated.

"[I]t is well settled that to vacate an order entered upon a party's default the movant must demonstrate both a valid excuse for the default and a meritorious cause of action" ( Medric Constr. v. J.W. Mays, Inc., 230 A.D.2d 832, 833). The defendant offered no explanation for his failure to oppose the plaintiff's motion for summary judgment. Therefore, his motion, inter alia, to vacate the order granting the plaintiff's motion should have been denied.

Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.


Summaries of

Masotto v. Bravata

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1997
244 A.D.2d 390 (N.Y. App. Div. 1997)
Case details for

Masotto v. Bravata

Case Details

Full title:MARY MASOTTO, Appellant, v. SALVATORE BRAVATA, Respondent. (And a…

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

Date published: Nov 10, 1997

Citations

244 A.D.2d 390 (N.Y. App. Div. 1997)
665 N.Y.S.2d 544

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