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GOMEZ v. LOTERO
Appellate Division of the Supreme Court of New York, Second Department.
Jun 5, 2000
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DECISION ORDER
ORDERED that the order is affirmed, with costs.
To vacate a default on a motion, a plaintiff must establish that the default was excusable and that he or she has a meritorious cause of action (see, McFarlane v. City of New York, 243 A.D.2d 691). The affirmation of the plaintiffs' expert, which was the only competent evidence submitted in support of their motion to vacate the prior order, failed to make out a meritorious cause of action (see, Smith v. Askew, 264 A.D.2d 834; Grossman v. Wright, 268 A.D.2d 79 [2d Dept., May 8, 2000]).
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