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BEATON v. TRANSIT FACILITY CORP.

14 A.D.3d 637 (2005)

789 N.Y.S.2d 314

JACQUELINE BEATON, Respondent, v. TRANSIT FACILITY CORP. et al., Respondents, and DOLORES CURRY, Appellant, et al., Defendant.

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

January 31, 2005.

Ordered that the order is reversed, on the law, with costs, and the motions are denied.

A party's right to recover upon a defendant's failure to appear or answer is governed by CPLR 3215 (see Reynolds Sec. v Underwriters Bank & Trust Co., 44 N.Y.2d 568, 572 [1978]), which requires that the plaintiff state a viable cause of action (see CPLR 3215 [f]; Fappiano v City of New York, 5 A.D.3d...

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