RACITI v. SANDS POINT NURSING HOME

2007-04843

2008 NY Slip Op 07225

ERNA M. RACITI, ETC., appellant, v. SANDS POINT NURSING HOME, ET AL., respondents.

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

Decided September 30, 2008.


Attorney(s) appearing for the Case

Napoli Bern Ripka, LLP, New York, N.Y. (Denise A. Rubin of counsel), for appellant.

Furey, Furey, Leverage, Manzione, Williams & Darlington, P.C., Hempstead, N.Y. (Susan Weihs Darlington and Kenya S. Hargrove of counsel), for respondent Sands Point Nursing Home.

Law Offices of Charles E. Kutner, LLP, New York, N.Y. (Patrick Mevs of counsel), for respondent St. Francis Hospital.

Kral, Clerkin, Redmond, Ryan, Perry & Girvan, LLP, Mineola, N.Y. (Kristen Petersen Hofer of counsel), for respondent Woodmere Rehabilitation Nursing Home.

Before: Robert A. Spolzino, J.P., David S. Ritter, Mark C. Dillon, Ruth C. Balkin, John M. Leventhal, JJ.


DECISION & ORDER

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...

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