Sheikh v. New York City Transit Authority
| Decision Date | 18 February 1999 |
| Citation | 258 A.D.2d 347,685 N.Y.S.2d 223 |
| Court | New York Supreme Court — Appellate Division |
| Parties | MOHAMMED SHEIKH, Appellant,<BR>v.<BR>NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.<BR>NEW YORK CITY TRANSIT AUTHORITY et al., Third-Party Plaintiffs,<BR>v.<BR>MALIK BROTHERS, INC., Third-Party Defendant. |
A party seeking to vacate a default must satisfy the two-pronged burden of showing a meritorious claim or defense and a reasonable excuse for the default (Goncalves v Stuyvesant Dev. Assocs., 232 AD2d 275). The mere fact that there was an accident causing plaintiff's injuries is insufficient to show liability on the part of any of the defendants (Shkoditch v One Hundred & Fifty William St. Corp., 17 AD2d 168, affd 16 NY2d 609). Nor does plaintiff's failure to maintain contact with his attorney and to keep himself apprised of the progress of his lawsuit constitute a reasonable excuse for his default (see, Dudley v Steese, 228 AD2d 931; compare, Reyes v New York City Hous. Auth., 236 AD2d 277).
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11 cases
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Cox v. Marshall, 2015–07557
...on the plaintiff's part (see Park Lane N. Owners, Inc. v. Gengo, 151 A.D.3d 874, 58 N.Y.S.3d 81 ; Sheikh v. New York City Tr. Auth., 258 A.D.2d 347, 685 N.Y.S.2d 223 ; Dudley v. Steese, 228 A.D.2d 931, 644 N.Y.S.2d 824 ; Martinez v. Otis El. Co., 213 A.D.2d 523, 624 N.Y.S.2d 43 ). Moreover,......
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MCK v. Southern
...date demonstrated that his default was due to his overall lack of attention to the proceeding (see Sheikh v. New York City Tr. Auth., 258 A.D.2d 347, 348, 685 N.Y.S.2d 223 [1st Dept.1999] ).Because respondent failed to proffer a reasonable excuse for his default, we need not determine wheth......
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Schalberg v. Broadway Pops Int'l, Inc.
...satisfy the burden of showing a "meritorious claim or defense" and "a reasonable excuse for the default." Sheikh v. New York City Transit Auth., 258 A.D.2d 347, 348 (1st Dep't 1999); Pena v. Mittleman, 179 A.D.2d 607, 609 (1st Dep't 1992); Mutual Marine Office, Inc. v. Joy Const., 39 A.D.3d......
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Kee Yip Realty Corp. v. Win Tax Servs. Inc.
...satisfy the burden of showing a "meritorious claim or defense" and "a reasonable excuse for the default." Sheikh v. New York City Transit Auth., 258 A.D.2d 347, 348 (1st Dep't 1999); Pena v. Mittleman, 179 A.D.2d 607, 609 (1st Dep't 1992); Mutual Marine Office, Inc. v. Joy Const., 39 A.D.3d......
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