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SANGENETTE v. EMBASSY SUITES HOTEL

1 A.D.3d 263 (2003)

767 N.Y.S.2d 577

ALBERT SANGENETTE et al., Respondents, v. EMBASSY SUITES HOTEL et al., Appellants.

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

November 20, 2003.

The motion court improvidently exercised its discretion in granting plaintiffs relief from their default. After properly dismissing the complaint due to plaintiffs' failure to comply with the court's discovery order, the court should have denied plaintiffs' motion to vacate the dismissal since they failed to even attempt to show a meritorious cause of action (see Rivas v Expansion Group, 306 A.D.2d 188 [2003]; Polir Constr. v...

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