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SCOPINO v. ST. JOSEPH'S HOSPITAL
Appellate Division of the Supreme Court of New York, Second Department.
Jul 5, 1988
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 ยง 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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