Clover M. Barrett, P.C. v. Gordon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The defendant’s motion, in effect, to vacate an order which granted the plaintiffs motion for leave to enter a default judgment against her was made pursuant to both CFLR 5015 and 317. A defendant seeking to vacate a default pursuant to CFLR 5015 (a) (1) must demonstrate both a reasonable excuse for the default and a potentially meritorious defense to the action (see Lane v Smith, 84 AD3d 746, 747 [2011]; Town House St., LLC v New Fellowship Full Gospel Baptist Church, Inc., 29 AD3d 893, 894 [2006]). Here, the defendant’s “unsubstantiated denial of receipt of service of process did not amount…
2Cases cited8 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- C&H Import & Export, Inc. v. MNA Global, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Lane v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
- Fleisher v. KabaAppellate Division of the Supreme Court of the State of New York · 2010
- Town House St., LLC v. New Fellowship Full Gospel Baptist Church, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
3 more not listed; retrieve them via the Exa API.
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- Sussman v. Jo-Sta Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Jing Shan Chen v. R & K 51 Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Goldfarb v. ZhukovAppellate Division of the Supreme Court of the State of New York · 2016
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