Genen v. McElroy
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Orange County (Barone, J.), dated March 2, 1994, which denied their motion for leave to enter a default judgment.
Ordered that the order is reversed, as a matter of discretion, with costs, and the motion is granted.
The Supreme Court improvidently exercised its discretion in denying the plaintiffs’ motion for leave to enter a default judgment. In opposition to the motion, the defendants failed to proffer a reasonable excuse for the lengthy delay in answering the complaint and…
2Cases cited6 opinions
- MacMarty, Inc. v. SchellerAppellate Division of the Supreme Court of the State of New York · 1994
- County of Nassau v. Cedric Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Leogrande v. GlassAppellate Division of the Supreme Court of the State of New York · 1984
- Cree v. CreeAppellate Division of the Supreme Court of the State of New York · 1986
- Martyn v. JonesAppellate Division of the Supreme Court of the State of New York · 1990
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
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- Kahan v. SulaymanovAppellate Division of the Supreme Court of the State of New York · 1996
- Arcata Investment, Inc. v. ThomasAppellate Division of the Supreme Court of the State of New York · 2002
1 more not listed; retrieve them via the Exa API.