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Sweeney v. Monteleone

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1997
237 A.D.2d 346 (N.Y. App. Div. 1997)

Opinion

March 10, 1997.

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), dated January 26, 1996, which denied her motion to vacate a judgment of the same court dismissing the action on her default in providing certain disclosure pursuant to a so-ordered stipulation of the parties.

Before: Rosenblatt, J.P., Copertino, Pizzuto, Krausman and Florio, JJ.


Ordered that the order is affirmed, with costs.

A court, in its discretion, may relieve a party from the effect of its default upon proof of both a meritorious claim and a reasonable excuse for the default ( see, Putney v Pearlman, 203 AD2d 333). The plaintiff has failed to satisfy this standard.


Summaries of

Sweeney v. Monteleone

Appellate Division of the Supreme Court of New York, Second Department
Mar 10, 1997
237 A.D.2d 346 (N.Y. App. Div. 1997)
Case details for

Sweeney v. Monteleone

Case Details

Full title:CARMEN SWEENEY, Appellant, v. PATRICK J. MONTELEONE, Respondent

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

Date published: Mar 10, 1997

Citations

237 A.D.2d 346 (N.Y. App. Div. 1997)
655 N.Y.S.2d 420