| St. Rose v McMorrow |
| 2007 NY Slip Op 06980 [43 AD3d 1146] |
| September 25, 2007 |
| Appellate Division, Second Department |
| Ernest St. Rose, Appellant, v Charles McMorrow,Respondent. |
—[*1] Susan B. Owens, White Plains, N.Y. (Joseph M. Zecca of counsel), for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Rockland County (Garvey, J.), dated September 8, 2006, which denied thatbranch of his motion which was to vacate an order of the same court dated January 25, 2006,granting the defendant's unopposed motion for summary judgment dismissing the complaint onthe ground that he did not sustain a serious injury within the meaning of Insurance Law §5102 (d).
Ordered that the order dated September 8, 2006 is affirmed, with costs.
In order to vacate the order entered upon his default in opposing the motion, the plaintiff wasrequired to demonstrate both a reasonable excuse for his default and a meritorious opposition tothe motion for summary judgment (seeOyebola v Makuch, 10 AD3d 600, 601 [2004]; Itskovich v Lichenstadter, 2 AD3d 406, 407 [2003]; Sicari vHung Yuen Wong, 286 AD2d 489 [2001]). The plaintiff failed to demonstrate a reasonableexcuse for his default. Accordingly, the Supreme Court properly denied his motion. Crane, J.P.,Ritter, Fisher, Covello and Dickerson, JJ., concur.