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APONTE v. MOTT HAVEN FURNITURE COMPANY, INC.

33 A.D.3d 540 (2006)

823 N.Y.S.2d 70

NANCY APONTE, Appellant, v. MOTT HAVEN FURNITURE COMPANY, INC., Respondent.

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

Decided October 26, 2006.

While plaintiff's default may have been excusable, she fails to show a meritorious cause of action (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]). Defendant's principal testified that while he frequently visited the parking lot, he had never observed any dogs there and had no knowledge of any attacks by dogs that might have been kept there by the tenant. Plaintiff testified that for about a year before...

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