Hines v Chambers

[*1] Hines v Chambers 2015 NY Slip Op 51086(U) Decided on July 14, 2015 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 14, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., ALIOTTA and ELLIOT, JJ.
2014-471 Q C

Jeseda Hines, Appellant,

against

Colin Chambers, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered January 6, 2014. The order, insofar as appealed from, upon, in effect, reargument, adhered to a prior determination denying plaintiff's motion to vacate an order dismissing the complaint.

ORDERED that the order, insofar as appealed from, is affirmed, without costs.

In this action to recover for personal injuries, property damage and loss of property, plaintiff failed to appear for trial and the complaint was dismissed. Plaintiff's motion to vacate the order dismissing the complaint and to restore the matter to the calendar was denied. Thereafter, upon, in effect, reargument, the Civil Court adhered to its prior determination.

A party seeking to vacate a default in appearing must demonstrate a reasonable excuse for the default and a meritorious cause of action (see CPLR 5015 [a] [1]; Kandel v Hoffman, 309 AD2d 904 [2003]; Campenni v Ridgecroft Estates Owners, 61 AD2d 496 [1999]). Here, plaintiff failed to establish either. Consequently, the Civil Court, upon, in effect, reargument, properly adhered to its original determination denying plaintiff's motion to vacate the order dismissing the complaint.

Accordingly, the order, insofar as appealed from, is affirmed.

Weston, J.P., Aliotta and Elliot, JJ., concur.

Decision Date: July 14, 2015