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SANTIAGO v. SANTANA

54 A.D.3d 929 (2008)

864 N.Y.S.2d 122

WILLIAM SANTIAGO, Respondent, v RAPHAEL SANTANA et al., Appellants.

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

September 23, 2008.

Ordered that the order entered October 17, 2007 is reversed, on the law, with costs, the judgment and the order dated April 4, 2006 are reinstated, and the motion is denied.

An action dismissed pursuant to 22 NYCRR 202.27 (b) may be restored if the plaintiff demonstrates both a reasonable excuse for the default and a meritorious cause of action (see CPLR 5015 [a] [1]; Psomatithis v Transoceanic Cable Ship Co., Inc., 39 A.D.3d 837

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