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Sheikh v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1999
258 A.D.2d 347 (N.Y. App. Div. 1999)

Opinion

February 18, 1999

Appeal from the Supreme Court, New York County (Robert Lippmann, J.).


A party seeking to vacate a default must satisfy the two-pronged burden of showing a meritorious claim or defense and a reasonable excuse for the default (Goncalves v. Stuyvesant Dev. Assocs., 232 A.D.2d 275). The mere fact that there was an accident causing plaintiff's injuries is insufficient to show liability on the part of any of the defendants (Shkoditch v. One Hundred Fifty William St. Corp., 17 A.D.2d 168, affd 16 N.Y.2d 609). Nor does plaintiff's failure to maintain contact with his attorney and to keep himself apprised of the progress of his lawsuit constitute a reasonable excuse for his default (see, Dudley v. Steese, 228 A.D.2d 931; compare, Reyes v. New York City Hous. Auth., 236 A.D.2d 277).

Concur — Rosenberger, J. P., Nardelli, Tom and Andrias, JJ.


Summaries of

Sheikh v. New York City Transit Authority

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1999
258 A.D.2d 347 (N.Y. App. Div. 1999)
Case details for

Sheikh v. New York City Transit Authority

Case Details

Full title:MOHAMMED SHEIKH, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al.…

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

Date published: Feb 18, 1999

Citations

258 A.D.2d 347 (N.Y. App. Div. 1999)
685 N.Y.S.2d 223

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