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MAGIDSON v. NEW YORK TESTING LABORATORIES, INC.

303 A.D.2d 651 (2003)

756 N.Y.S.2d 790

PEGGY MAGIDSON, Appellant, v. NEW YORK TESTING LABORATORIES, INC., et al., Respondents.

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

Decided March 24, 2003.

Ordered that the order is affirmed, with costs.

In order to vacate the order dated January 21, 2000, which granted the defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) and CPLR 306-b upon her default in responding to the motion, the plaintiff had to proffer evidence of a reasonable excuse for the default and a meritorious cause of action (see McNeil v Milstein, 240 A.D.2d 549, 550 [1997]). The plaintiff...

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