Legal Opinion

Chiulli v. Coyne

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

Decided March 11, 2002PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover *414money, inter alia, for services rendered, the defendant Marilyn Coyne appeals, as limited by her brief, from so much of an order of the Supreme Court, Dutchess County (Marlow, J.), dated February 8, 2001, as denied her motion to vacate a judgment entered upon her default in answering the amended complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

To succeed on a motion to vacate a judgment entered upon her default, a defendant must demonstrate both a reasonable excuse for the default and a meritorious defense to the underlying action (see,…

2Cases cited5 opinions

  1. Gray v. B. R. Trucking Co.New York Court of Appeals · 1983
  2. Perellie v. Crimson's Restaurant, Ltd.Appellate Division of the Supreme Court of the State of New York · 1985
  3. J. P. Equipment Rental & Materials L. L. C. v. Fidelity & Guaranty InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
  4. Westchester County Medical Center v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
  5. Phillips, Nizer, Benjamin, Krim & Ballon v. MatteoAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by2 opinions

  1. Miller v. Ateres Shlomo, LLCAppellate Division of the Supreme Court of the State of New York · 2008
  2. Hirsch v. Monroe Bus Corp.Appellate Division of the Supreme Court of the State of New York · 2004

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