| Hazell v Joseph |
| 2006 NY Slip Op 51760(U) [13 Misc 3d 129(A)] |
| Decided on September 20, 2006 |
| Appellate Term, First 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court, New York County (Donna G. Recant, J.), entered July 25, 2005, which denied her motion to vacate an order entered on her default granting defendants' motion to dismiss the action.
PER CURIAM:
Order (Donna G. Recant, J.), entered July 25, 2005, affirmed, with $10 costs.
Vacatur of an order entered on default requires a showing of both a reasonable excuse and a meritorious claim or defense. Inasmuch as the varying excuses offered by plaintiff for her multiple defaults were conflicting and unsubstantiated, and considering plaintiff's inordinate delay in seeking relief, we find no abuse of discretion in the denial of plaintiff's motion for vacatur (see Legend Travel & Tours, Inc. v. Continental Airlines, Inc., 24 AD3d 112 [2005]). Nor did plaintiff refute defendant's prima facie showing that the dental malpractice action was not timely commenced.
This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: September 20, 2006