Spells v. a P Supermarkets, Inc.

Full title: GERLENE SPELLS, Respondent, v. A P SUPERMARKETS, INC., Appellant

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

Date published: Aug 3, 1998

253 A.D.2d 422 (N.Y. App. Div. 1998)

675 N.Y.S.2d 310

Opinion

August 3, 1998

Appeal from the Supreme Court, Suffolk County (D'Emilio, J.).

Ordered that the order is reversed, as a matter of discretion, with costs, the plaintiffs motion is denied, and the order dated June 27, 1996, is reinstated.

Because the plaintiff failed to establish both a reasonable excuse for her default and a meritorious claim, the Supreme Court improvidently exercised its discretion in granting her motion to vacate her default in opposing the defendant's motion for summary judgment ( see, Roussodimou v. Zafiriadis, 238 A.D.2d 568; Rock v. Schwartz, 244 A.D.2d 542; Peterson v. Scandurra Trucking Co., 226 A.D.2d 691; Olivier v. Rosal-Arcillas, 204 A.D.2d 701; CPLR 5015, 2005 N.Y.C.P.L.R.; cf., Long Is. Sav. Bank v. Sutphen, 222 A.D.2d 660; McMahon v. City of New York, 105 A.D.2d 101).

The plaintiffs remaining contentions are without merit.

Rosenblatt, J. P., O'Brien, Ritter and Krausman, JJ., concur.