AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

AUDREY McCLAREN, Appellant-Respondent, v. BELL ATLANTIC, Defendant, and BROOKLYN UNION GAS COMPANY, Respondent-Appellant. (Action No. 1.) AUDREY McCLAREN, Appellant,

Ordered that the order is affirmed insofar as appealed from, and it is further,

Ordered that the order is affirmed insofar as cross-appealed from; and it is further,

Ordered that one bill of costs is awarded to the defendants Brooklyn Union Gas Company and City of New York payable by the plaintiff.

The complaints were dismissed pursuant to 22 NYCRR 202.27 (b) following the failure of the plaintiff's counsel to appear for oral argument of a motion. To be relieved of the default in appearing, the plaintiff was required to demonstrate both a reasonable excuse for the default and a meritorious cause of action ( see CPLR 5015 [a] [1]; Rubenbauer v. Mekelburg, 22 AD3d 826, 827; Amato v. Fast Repair, Inc., 15 AD3d 429; Feuer v. Vernon Manor Coop. Apts., Section I, 303 AD2d 448). We agree with the Supreme Court that the plaintiff's conclusory and unsubstantiated claim of law office failure was insufficient to constitute a justifiable excuse ( see Matter of Hye-Young Chon v. Country-Wide Ins. Co., 22 AD3d 849; Fekete v. Camp Skwere, 16 AD3d 544). Moreover, she failed to demonstrate the meritorious nature of her action ( see Rubenbauer v. Mekelburg, supra at 827; Solomon v. Ramlall, 18 AD3d 461).

The Supreme Court properly determined that the cross motion was academic.

Use AI to get other relevant cases.

Comments

McCLAREN v. ATLANTIC
(Jun 20, 2006)