Legal Opinion
Kohn v. Tri-State Hardwoods, Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2012PublishedCited by 4 opinions
1Opinion of the Court
It is undisputed that the plaintiff defaulted in serving a reply to the appellant’s counterclaim and that the appellant failed to move for leave to enter a default judgment on the counterclaim within one year after the default. Since the appellant failed to make a timely motion for leave to enter a default judgment, it was required to demonstrate a reasonable excuse for its delay in seeking a default judgment and a potentially meritorious claim (see Giglio v NTIMP, Inc., 86 AD3d 301, 308 [2011]; Costello v Reilly, 36 AD3d 581 [2007]; Iorizzo v Mattikow, 25 AD3d 762, 763 [2006]; Oparaji v…
2Cases cited8 opinions
- Giglio v. NTIMP Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Butindaro v. GrinbergAppellate Division of the Supreme Court of the State of New York · 2008
- Mattera v. CapricAppellate Division of the Supreme Court of the State of New York · 2008
- Lugauer v. Forest City Ratner Co.Appellate Division of the Supreme Court of the State of New York · 2007
- Iorizzo v. MattikowAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by4 opinions
- HSBC Bank USA, National Ass'n v. GrellaAppellate Division of the Supreme Court of the State of New York · 2016
- Wells Fargo Bank, N.A. v. BonannoAppellate Division of the Supreme Court of the State of New York · 2017
- BAC Home Loan Servicing, LP v. BertramNew York Supreme Court · 2016
- Lebensold v. MancusoAppellate Division of the Supreme Court of the State of New York · 2017