MONTEJO v. GROCERY


286 A.D.2d 426 (2001)

729 N.Y.S.2d 901

JUANA MONTEJO, Appellant, v. ESPINAL GROCERY et al., Respondents.

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

Decided August 20, 2001.


Ordered that the order is affirmed, with costs.

To vacate an order entered on default, a plaintiff must demonstrate both a reasonable excuse for the default and a meritorious cause of action (see, CPLR 5015 [a] [1]; Waaland v Weiss, 228 A.D.2d 435). The plaintiff failed to demonstrate that her cause of action was meritorious. Therefore, the Supreme Court properly denied...

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