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O'Neal v. Lindsay Park Housing Corp.
Citations: 226 A.D.2d 439; 640 N.Y.S.2d 787; 1996 N.Y. App. Div. LEXIS 3572
Court: Appellate Division of the Supreme Court of the State of New York; April 8, 1996; New York; State Appellate Court
Defendants appeal an order from the Supreme Court, Kings County, which had granted the plaintiff's motion to vacate a previous order that awarded them summary judgment on damages due to the plaintiff's failure to oppose the motion. The court reversed the August 14, 1995 order, reinstating the January 13, 1995 order that granted summary judgment to the defendants and referred the matter for damage assessment. To succeed in vacating an order entered upon default under CPLR 5015 (a)(1), the movant must show a valid excuse for the default and a meritorious cause of action. The court found that the plaintiff failed to provide either justification, leading to the denial of her motion. All justices concurred with the decision.