EDUCATION RESOURCES INSTITUTE, INC. v. HUGHES


47 A.D.3d 613 (2008)

848 N.Y.S.2d 538

EDUCATION RESOURCES INSTITUTE, INC., Appellant, v. MICHELLE HUGHES, Respondent.

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

Decided January 8, 2008.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

To be entitled to vacatur of the order entered upon its default, the plaintiff was required to make a showing, by way of admissible proof, inter alia, that it had a meritorious cause of action and that the action was not barred by the statute of limitations (see e.g. White v Incorporated Vil. of Hempstead, 41 A.D.3d 709, 710 [2007...

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