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St. Johns Queens Hosp. v. Armatas

Appellate Term of the Supreme Court of New York, Second Department
Dec 10, 2003
2003 N.Y. Slip Op. 51614 (N.Y. App. Term 2003)

Opinion

2002-420 Q C.

Decided December 10, 2003.

Appeal by defendant from an order of the Civil Court, Queens County (A. Gazzara, J.), entered February 25, 2002, denying her motion to vacate the default judgment and restore the case to the calendar.

Order unanimously affirmed without costs.

PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.


Upon a review of the record, we find that defendant failed to provide a reasonable excuse for her failure to appear for trial on October 5, 2001, after the case had been marked final for trial twice, and failed to show a meritorious defense to the action. Consequently, the court below did not abuse its discretion by denying defendant's motion to vacate the default judgment and its order should not be disturbed on appeal ( see Parker v. City of New York, 272 AD2d 310). Defendant's remaining contentions lack merit.


Summaries of

St. Johns Queens Hosp. v. Armatas

Appellate Term of the Supreme Court of New York, Second Department
Dec 10, 2003
2003 N.Y. Slip Op. 51614 (N.Y. App. Term 2003)
Case details for

St. Johns Queens Hosp. v. Armatas

Case Details

Full title:ST. JOHNS QUEENS HOSPITAL, Respondent, v. REBECA ARMATAS, Appellant

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

Date published: Dec 10, 2003

Citations

2003 N.Y. Slip Op. 51614 (N.Y. App. Term 2003)