| Davies v Baranovich |
| 2011 NY Slip Op 06547 [87 AD3d 1049] |
| September 20, 2011 |
| Appellate Division, Second Department |
| John Davies, Appellant, v Jennifer Baranovich et al.,Respondents. |
—[*1] Scalzi & Nofi, PLLC, Hicksville, N.Y. (Vincent J. Nofi of counsel), forrespondents.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Suffolk County (Jones, Jr., J.), dated November 24, 2009, which denied hismotion pursuant to CPLR 5015 (a) (1) to vacate a prior order of the same court dated February26, 2008, granting the defendants' unopposed motion pursuant to CPLR 3216 to dismiss thecomplaint for failure to prosecute.
Ordered that the order is affirmed, with costs.
The plaintiff failed to demonstrate a reasonable excuse for his default in opposing thedefendants' motion pursuant to CPLR 3216 to dismiss the complaint (see Bazoyah v Herschitz, 79 AD3d1081 [2010]). He also failed to demonstrate a potentially meritorious opposition to thedefendants' motion (id. at 1082), as he failed to "establish a . . . justifiableexcuse for his failure to timely file a note of issue and . . . meritorious cause ofaction" (Umeze v Fidelis Care N.Y.,17 NY3d 751, 751 [2011]; see Gache v Incorporated Vil. of Freeport, 202 AD2d470, 470-471 [1994]). Accordingly, the Supreme Court properly denied his motion pursuant toCPLR 5015 (a) (1) to vacate the prior order granting the defendants' motion. Rivera, J.P., Florio,Eng, Hall and Cohen, JJ., concur.