WOLLMAN v. SEVEN SEAS UNION SQ LLC (2025)

Order, Supreme Court, New York County (Paul A. Goetz, J.), entered on or about May 20, 2024, which denied plaintiff's motion to vacate an order, same court and Justice, entered on or about January 8, 2024, which granted, upon plaintiff's default, defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in denying plaintiff's motion to vacate her default in opposing defendants’ motion for summary judgment.  Even if plaintiff offered a reasonable excuse for her default, she failed to show that she has a meritorious claim (CPLR 5015[a][1];  see Dong v. Howe, 219 A.D.3d 1219, 1219, 196 N.Y.S.3d 60 [1st Dept. 2023]).  Defendants established prima facie that it was not foreseeable that plaintiff would trip over the foot of defendants’ employee and, therefore, that defendants did not breach a duty of care owing to plaintiff (see Greene v. Sibley, Lindsay & Curr Co., 257 N.Y. 190, 192, 177 N.E. 416 [1931];  Turso–Drasche v. Banana Republic, LLC, 172 A.D.3d 485, 486, 97 N.Y.S.3d 853 [1st Dept. 2019];  Prado v. City of New York, 19 A.D.3d 674, 674–675, 798 N.Y.S.2d 94 [2d Dept. 2005]).  Plaintiff's proposed opposition to defendants’ motion failed to raise an issue of fact.

We have considered plaintiff's remaining contentions and find them unavailing.