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SCHIFF v. COUNTY OF SULLIVAN

166 A.D.2d 740 (1990)

Rose S. Schiff, Individually and as Executrix of Sydney P. Schiff, Deceased, et al., Appellants, v. County of Sullivan et al., Respondents

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

October 4, 1990

Supreme Court properly exercised its discretion in denying plaintiffs' motion to be relieved of their default in opposing defendants' prior motions for summary judgment (see, CPLR 5015 [a] [1]) because of plaintiffs' failure to demonstrate a meritorious cause of action (see, Wilcox v Parkland Dev. Corp., 157 A.D.2d 998; Lyons v New York R. T. Corp., 260 App Div 938). The cause of action asserted against defendant...

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