Legal Opinion

Chemical Bank v. Fazel

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

Decided December 4, 1997Published

1Opinion of the Court

—Order, Supreme Court, New *33York County (Stephen Crane, J.), entered on or about June 4, 1996, which denied defendant-appellant’s motion to vacate his default with respect to an order and judgment (one paper), of the same court and Justice, entered April 15, 1996, granting summary judgment to plaintiff, unanimously affirmed, with costs.

A party seeking vacatur of a default must establish both the existence of a meritorious claim or defense and a reasonable excuse for the default (see, CPLR 5015 [a] [1]; Eugene DiLorenzo, Inc. v Dutton Lbr. Co., 67 NY2d 138; Arias v Sanchez, 227 AD2d 284).…

2Cases cited2 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Arias v. SanchezAppellate Division of the Supreme Court of the State of New York · 1996

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