Steinbarth v. Otis Elevator Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant’s motion to vacate the default (see, CPLR 5015 [a]). The court did not abuse its discretion in determining that the impairment of defendant’s former attorney by alcoholism constituted a reasonable excuse for the default (see, Jiminez v St. John’s Riverside Hosp., 161 AD2d 497), and defendant demonstrated that it has meritorious defenses to the action (see, Yacone v Ryan Homes, 216 AD2d 963). Finally, defendant has remedied its default in complying with the court’s discovery orders, and there is no…
2Cases cited2 opinions
- Yacone v. Ryan Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Jiminez v. St. John's Riverside HospitalAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by3 opinions
- Lauer v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2008
- Buja v. Shepard Niles, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Estate of Taylor v. MorenoAppellate Division of the Supreme Court of the State of New York · 2002