[*1]
Becton v Rochdale Vil., Inc.
2004 NY Slip Op 51317(U)
Decided on November 1, 2004
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 1, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: ARONIN, J.P., PATTERSON and RIOS, JJ.
2003-1645 Q C ——————————————————————————————————————————————-x

DONNA MARIE BECTON, Appellant, —

against

ROCHDALE VILLAGE, INC. ET AL., BARBARA CRAIG, ZILLA PERSAUD, MAINTENANCE DEPARTMENT: GROUP MANAGER (3) & INSPECTOR, CONTROLLER: DARIUS GEORGE PERSONNEL: MS. GOLDSMITH and EDWARD HIGHTOWER, Respondents. ——————————————————————————————————————————————-x


Appeal by plaintiff, as limited by her brief, from so much of an order of the Civil Court, Queens County (C. Markey, J.), entered April 15, 2003, as granted defendants' motion to dismiss the complaint.


Order insofar as appealed from unanimously affirmed with $10 costs. [*2]

The motion court was correct in granting defendants' motion dismissing the complaint. The plaintiff has neither presented a reasonable excuse for her failure to appear for a duly scheduled examination before trial nor has she shown that a meritorious cause of action exists.
Decision Date: November 01, 2004