Ordered that the appeal from the order dated October 8, 1991, is dismissed, without costs or disbursements, as that order was superseded by the order dated January 8, 1992, made upon reargument; and it is further,
Ordered that the order dated January 8, 1992, is affirmed insofar as reviewed, without costs or disbursements.
Since the plaintiff failed to demonstrate a meritorious cause of action, the court did not improvidently exercise its discretion in denying the plaintiff's motion to vacate the judgment entered upon its default in appearing for jury selection (see, CPLR 2005, 5015 [a] [1]; Zapell v. Mecca, 190 A.D.2d 791; Giordano v. Patel, 177 A.D.2d 468; Brown v. Ryder Truck Rental, 172 A.D.2d 477). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.