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Tummina v. Royal Carting Services

Appellate Division of the Supreme Court of New York, Second Department
Apr 23, 2001
282 A.D.2d 670 (N.Y. App. Div. 2001)

Opinion

April 23, 2001.

In an action to recover damages for personal injuries, etc., the defendant appeals from (1) an order of the Supreme Court, Queens County (Schulman, J.), dated June 26, 2000, which denied its motion to vacate its default in appearing and answering, and (2) an order of the same court, dated November 16, 2000, which denied its motion for leave to renew and reargue.

Before: Bracken, P. J., Friedmann, Florio, H. Miller and Townes, JJ., concur.


Ordered that the appeal from so much of the order dated November 16, 2000, as denied that branch of the defendant's motion which was for leave to reargue is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated June 26, 2000, is affirmed, without costs or disbursements; and it is further,

Ordered that the order dated November 16, 2000, is affirmed insofar as reviewed, without costs or disbursements.

The Supreme Court properly denied the defendant's motion to vacate its default in appearing and answering, as it failed to demonstrate a reasonable excuse for its default ( see, Rosado v Economy El. Co., 236 A.D.2d 598; Miles v Blue Label Trucking Co., 232 A.D.2d 382; Fennell v Mason, 204 A.D.2d 599; Martyn v Jones, 166 A.D.2d 508; Peters v Pickard, 143 A.D.2d 81).

The Supreme Court also properly denied that branch of the motion which was for leave to renew, as the defendant failed to present a reasonable excuse why the additional facts presented were not submitted on the original motion ( see, Lee v. Ogden Allied Maintenance Corp., 226 A.D.2d 226; Cannistra v Gibbons, 224 A.D.2d 570, 571).


Summaries of

Tummina v. Royal Carting Services

Appellate Division of the Supreme Court of New York, Second Department
Apr 23, 2001
282 A.D.2d 670 (N.Y. App. Div. 2001)
Case details for

Tummina v. Royal Carting Services

Case Details

Full title:DAVID TUMMINA et al., Respondents, v. ROYAL CARTING SERVICES, L. L. C.…

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

Date published: Apr 23, 2001

Citations

282 A.D.2d 670 (N.Y. App. Div. 2001)
723 N.Y.S.2d 708

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