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Scoca v. Bon Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 2001
284 A.D.2d 388 (N.Y. App. Div. 2001)

Opinion

Submitted May 23, 2001.

June 11, 2001.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Dye, J.), dated August 24, 2000, which denied her motion to vacate an order of the same court, dated February 4, 2000, granting the defendants' separate motions pursuant to CPLR 3126 to dismiss the complaint upon her default in opposing those motions.

Charles Berkman (Ephrem Wertenteil, New York, N.Y., of counsel), for appellant.

Brea Yankowitz Sosin, P.C., Floral Park, N.Y. (Patrick J. Brea and Glenn E. Westrick of counsel), for respondent Bon Realty Corp.

Kral Clerkin Redmond Ryan Perry Girvan, Smithtown, N Y (James V. Derenze of counsel), for respondent Genovese Drug Stores, Inc.

Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, JJ.


ORDERED that the order is affirmed, with costs.

The defendants separately moved pursuant to CPLR 3126 to dismiss the complaint based on the plaintiff's failure to comply with court-ordered discovery. The Supreme Court granted those motions upon the plaintiff's default in opposing them. The plaintiff failed to demonstrate a reasonable excuse for her default. Therefore, her motion was properly denied (see, Wynne v. Wagner, 262 A.D.2d 556; Roussodimou v. Zafiriadis, 238 A.D.2d 568).


Summaries of

Scoca v. Bon Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 2001
284 A.D.2d 388 (N.Y. App. Div. 2001)
Case details for

Scoca v. Bon Realty Corp.

Case Details

Full title:MADELINE SCOCA, APPELLANT, v. BON REALTY CORP., ET AL., RESPONDENTS

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

Date published: Jun 11, 2001

Citations

284 A.D.2d 388 (N.Y. App. Div. 2001)
726 N.Y.S.2d 289

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