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SHEIKH v. NEW YORK CITY TRANSIT AUTHORITY

258 A.D.2d 347 (1999)

685 N.Y.S.2d 223

MOHAMMED SHEIKH, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents. NEW YORK CITY TRANSIT AUTHORITY et al., Third-Party Plaintiffs, v. MALIK BROTHERS, INC., Third-Party Defendant.

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

Decided February 18, 1999.

A party seeking to vacate a default must satisfy the two-pronged burden of showing a meritorious claim or defense and a reasonable excuse for the default (Goncalves v Stuyvesant Dev. Assocs., 232 A.D.2d 275). The mere fact that there was an accident causing plaintiff's injuries is insufficient to show liability on the part of any of the defendants (Shkoditch v One Hundred & Fifty William St. Corp., 17...

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