MARTINEZ v. OTIS ELEVATOR CO.


213 A.D.2d 523 (1995)

624 N.Y.S.2d 43

Susana Martinez, Appellant, v. Otis Elevator Co., Respondent

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

March 20, 1995


Ordered that the order is affirmed, with costs.

A judgment of dismissal based on default was entered against the plaintiff when she failed to appear at a scheduled trial readiness conference. In order to vacate this judgment, the plaintiff had to proffer evidence not only that she had a reasonable excuse for her default, but also that she had a meritorious cause of action (see, CPLR 5015 [a] [1]; Alliance Prop. Mgt. & Dev. v Andrews Ave. Equities

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