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KAHN v. NEW YORK UNIV. MED. CTR.

60 A.D.2d 862 (1978)

Rhoda Kahn et al., Appellants, v. New York University Medical Center et al., Defendants, and Michael Ruoff et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 16, 1978

Orders affirmed, with one bill of $50 costs and disbursements.

To succeed on a motion to vacate an order made on default, the movant must establish first that the default was excusable and second, the existence of a meritorious cause of action (see Beneficial Fin. Co. of N. Y. v Kramer, 48 A.D.2d 822). Here, plaintiffs have failed to establish that their default was excusable and, due to their failure to submit any medical...

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