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DILIA SCOPINO, Appellant, v. ST. JOSEPH'S HOSPITAL, Defendant and Third-Party Plaintiff-Respondent. ANILKUMAR M. JOSHI, et al., Third-Party Defendants-Respondents.

Ordered that the order is affirmed, with costs.

In order to properly support a motion pursuant to CPLR 5015 (a) (1) the movant is required to show that his or her default is excusable and that the action is meritorious (Siegel, N.Y. Prac § 108). The plaintiff failed to meet either burden and particularly failed to show by acceptable proof that her action was meritorious (see, Thomas v. Solon, 121 A.D.2d 165, 166). Bracken, J.P., Kunzeman, Eiber and Kooper, JJ., concur.

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SCOPINO v. ST. JOSEPH'S HOSPITAL
(Jul 5, 1988)