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KOZLOW v. NICODEMUS

242 A.D.2d 285 (1997)

661 N.Y.S.2d 972

Jeffrey Kozlow, Appellant, v. Frank Nicodemus et al., Respondents

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

August 11, 1997

Ordered that the order is affirmed, with costs.

The court did not improvidently exercise its discretion in denying the plaintiff's motion to vacate the judgment dismissing his complaint. The plaintiff failed to proffer a reasonable excuse for his failure to appear for the scheduled trial or sufficient evidence of a meritorious cause of action (see, Martinez v Otis El. Co., 213 A.D.2d 523; CPLR 5015 [a] [1]; Alliance...

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