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Katanova v. Eastern Metalworks

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT


December 16, 2008

RITA KATANOVA, APPELLANT,
v.
EASTERN METALWORKS, INC., ET AL., RESPONDENTS (AND A THIRD-PARTY ACTION).

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Queens County (Schulman, J.), dated November 5, 2007, which, upon an order of the same court dated July 16, 2007, denying her motion, in effect, to vacate a prior order dated January 18, 2007, granting the defendants' unopposed motion, in effect, to vacate an order dated September 8, 2006, which had granted her unopposed motion, inter alia, in effect, to vacate an order dated June 26, 2002, sua sponte, dismissing the action pursuant to 22 NYCRR 202.27(b), dismissed the complaint.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., ANITA R. FLORIO, DANIEL D. ANGIOLILLO, WILLIAM E. McCARTHY and CHERYL E. CHAMBERS, JJ.

(Index No. 18852/99)

DECISION & ORDER

ORDERED that the judgment is affirmed, with costs.

In order to vacate the dismissal of this action, the plaintiff was required to demonstrate a reasonable excuse for her default in opposing the defendant's motion, in effect, to vacate an order dated September 8, 2006, and a meritorious opposition to that motion (see Raciti v Sands Point Nursing Home, 54 AD3d 1014, 1014; Simpson v Tommy Hilfiger U.S.A., Inc., 48 AD3d 389; Joseph v GMAC Leasing Corp., 44 AD3d 905). Here, the plaintiff failed to meet her burden.

RIVERA, J.P., FLORIO, ANGIOLILLO, McCARTHY and CHAMBERS, JJ., concur.

20081216

© 1992-2008 VersusLaw Inc.



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