Legal Opinion
Sitigus Foods Corp. v. 72-02 Northern Blvd. Realty Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 15, 2002PublishedCited by 12 opinions
1Opinion of the Court
In an action to recover for property damage, the defendants appeal from an order of the Supreme Court, Queens County (LaTorella, J.), dated June 7, 2001, which granted the plaintiffs motion for leave to enter a judgment upon their failure to appear or answer.
Ordered that the order is reversed, on the law, and as a matter of discretion, with costs, and the motion is denied.
A court may excuse a default in answering upon a showing of a meritorious defense and a justifiable excuse for the default (see CPLR 5015 [a] [1]; Miles v Blue Label Trucking, 232 AD2d 382). The defendants satisfied this…
2Cases cited4 opinions
- Miles v. Blue Label Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Buderwitz v. CunninghamAppellate Division of the Supreme Court of the State of New York · 1984
- Mercado v. Slope AssociatesAppellate Division of the Supreme Court of the State of New York · 1998
- Dente v. Staten Island University HospitalAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by12 opinions
- Covaci v. Whitestone Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Vellucci v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- EHS Quickstops Corp. v. GRJH, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Meekins v. Turner Towers Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 2015
- Herzog v. BelizarioNew York Supreme Court · 2016
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