Legal Opinion

Barrister Associates v. Belloff

Appellate Division of the Supreme Court of the State of New York

Decided November 20, 2000Published

1Opinion of the Court

—In an action, inter alia, to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Nassau County (Lally, J.), dated March 27, 2000, which denied his motion pursuant to CPLR 5015 to vacate an order of the same court, dated August 30, 1999, granting the plaintiff’s application to strike his answer upon his default in appearing at a court conference, and directed an inquest on the issue of damages.

Ordered that the order is affirmed, with costs.

A defendant attempting to vacate a default must establish both a reasonable excuse for the default and a…

2Cases cited2 opinions

  1. Roussodimou v. ZafiriadisAppellate Division of the Supreme Court of the State of New York · 1997
  2. Rodriguez v. ReadAppellate Division of the Supreme Court of the State of New York · 1999

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