RACITI v. SANDS POINT NURSING HOME


54 A.D.3d 1014 (2008)

864 N.Y.S.2d 176

ERNA M. RACITI, Appellant, v. SANDS POINT NURSING HOME et al., Respondents.

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

September 30, 2008.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the motion is granted, and the order dated September 11, 2006, is vacated.

In order to vacate the order entered upon her default in opposing the defendants' motions to dismiss the action, the plaintiff was required to demonstrate a reasonable excuse for her default in opposing the motions and a meritorious opposition to the motions (see Simpson v Tommy Hilfiger U.S.A....

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