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Scopino v. St. Joseph's Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1988
142 A.D.2d 569 (N.Y. App. Div. 1988)

Opinion

July 5, 1988

Appeal from the Supreme Court, Westchester County (Rubenfeld, J.).


Ordered that the order is affirmed, with costs.

In order to properly support a motion pursuant to CPLR 5015 (a) (1) the movant is required to show that his or her default is excusable and that the action is meritorious (Siegel, N.Y. Prac § 108). The plaintiff failed to meet either burden and particularly failed to show by acceptable proof that her action was meritorious (see, Thomas v. Solon, 121 A.D.2d 165, 166). Bracken, J.P., Kunzeman, Eiber and Kooper, JJ., concur.


Summaries of

Scopino v. St. Joseph's Hospital

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 1988
142 A.D.2d 569 (N.Y. App. Div. 1988)
Case details for

Scopino v. St. Joseph's Hospital

Case Details

Full title:DILIA SCOPINO, Appellant, v. ST. JOSEPH'S HOSPITAL, Defendant and…

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

Date published: Jul 5, 1988

Citations

142 A.D.2d 569 (N.Y. App. Div. 1988)

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