Practice point: The showing of merit required on a motion to restore is less than that required to defend a motion for summary judgment.
Practitioners should note that a finding of merit sufficient to vacate a plaintiff's default does not preclude a subsequent granting of summary judgment to defendants.
Case: Bowman v. Beach Concerts, Inc., NY Slip Op 07747 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Labor Law.
