Legal Opinion
Centennial Elevator Industries, Inc. v. Ninety-Five Madison Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2011PublishedCited by 15 opinions
1Opinion of the Court
The determination of whether to vacate a default judgment rests within the sound discretion of the Supreme Court, although a disposition on the merits is favored (see Gerdes v Canales, 74 AD3d 1017, 1017 [2010]; see also Hann v Morrison, 247 AD2d 706, 707 [1998]). Pursuant to CPLR 317, a person “served with a summons other than by personal delivery to him [or her] or to his [or her] agent . . . who does not appear may be allowed to defend the action within one year after he [or she] obtains knowledge of entry of the judgment . . . upon a finding of the court that he [or she] did not…
2Cases cited5 opinions
- Cavalry Portfolio Servs., LLC v. ReismanAppellate Division of the Supreme Court of the State of New York · 2008
- Hann v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1998
- Gerdes v. CanalesAppellate Division of the Supreme Court of the State of New York · 2010
- Assael v. 15 Broad Street, LLCAppellate Division of the Supreme Court of the State of New York · 2010
- Kavourias v. Big Six Pharmacy Inc.Appellate Division of the Supreme Court of the State of New York · 1999
3Cited by15 opinions
- Wells Fargo Bank, N.A. v. BurkeAppellate Division of the Supreme Court of the State of New York · 2012
- Wells Fargo Bank, N.A. v. MazzaraAppellate Division of the Supreme Court of the State of New York · 2015
- Hyman v. SchwartzAppellate Division of the Supreme Court of the State of New York · 2014
- Williamson v. Marlou Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2015
- Burekhovitch v. TatarchukAppellate Division of the Supreme Court of the State of New York · 2012
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