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KLIEBERT v. GEN. ELEC. CO., INC.

254 A.D.2d 197 (1998)

679 N.Y.S.2d 566

John V. Kliebert, Appellant, v. General Electric Company, Incorporated, et al., Respondents

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

October 27, 1998

Plaintiff fails to demonstrate both a reasonable excuse for the defaults and a meritorious claim, the action being nothing more than an effort to revive claims based upon the same facts alleged in a previously dismissed action (Kliebert v McKoan, 228 A.D.2d 232, lv denied 89 N.Y.2d 802), but now asserted in the guise of different legal theories (see, Matter of Sud v Sud, 227 A.D.2d 319

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