CASCIO v. SCIGIANO


262 A.D.2d 264 (1999)

690 N.Y.S.2d 737

MARGIE CASCIO et al., Respondents, v. MICHAEL E. SCIGIANO, Appellant, et al., Defendant.

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

Decided June 1, 1999.


Ordered that the order is reversed, on the law, with costs, the motion to vacate is denied, the order dated February 27, 1998, is reinstated, and the action against the remaining defendant is severed.

Regardless of the plaintiffs' reasons for failing to oppose the appellant's summary judgment motion, they have not provided evidence of a meritorious claim so as to require vacatur of the order dated February 27, 1998, pursuant to CPLR 5015 (see, Jackson v Newburgh...

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