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BOWMAN v. BEACH CONCERTS, INC.

1313, 103824/03, 590408/04.

66 A.D.3d 596 (2009)

886 N.Y.S.2d 880

2009 NY Slip Op 7747

THOMAS BOWMAN, Appellant, v. BEACH CONCERTS, INC., Defendant, and East-West Touring Company et al., Respondents. (And a Third-Party Action.)

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

Decided October 29, 2009.

As plaintiff concedes, the showing of merit required on a motion to restore is less than that required to defend a motion for summary judgment (see Kaufman v Bauer, 36 A.D.3d 481, 482 [2007]). Indeed, this Court has previously held that a finding of merit sufficient to vacate a plaintiff's default does not preclude a subsequent granting of summary judgment to defendants (see Gamiel v Curtis & Reiss-Curtis, P.C.,

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