Legal Opinion

Steinbarth v. Otis Elevator Co.

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

Decided November 19, 1997PublishedCited by 3 opinions

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

  1. Yacone v. Ryan Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  2. Jiminez v. St. John's Riverside HospitalAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by3 opinions

  1. Lauer v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2008
  2. Buja v. Shepard Niles, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  3. Estate of Taylor v. MorenoAppellate Division of the Supreme Court of the State of New York · 2002

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