Legal Opinion

Awad v. Severino

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

Decided July 28, 1986PublishedCited by 15 opinions

1Opinion of the Court

— In an action for specific performance of a contract to sell real estate, the defendants appeal from an order of the Supreme Court, Kings County (Pizzuto, J.), dated March 28, 1985, which denied their motion to vacate a judgment entered on default.

Order affirmed, without costs or disbursements.

We find no abuse of discretion in the court’s denial of the defendants’ motion to open their default and vacate the judgment which was entered against them. In order to obtain relief from a judgment or order pursuant to CPLR 5015 (a) (1) the defaulting party must show a reasonable excuse for the…

2Cases cited5 opinions

  1. Passalacqua v. BanatAppellate Division of the Supreme Court of the State of New York · 1984
  2. Fire Island Pines, Inc. v. Colonial Dormer Corp.Appellate Division of the Supreme Court of the State of New York · 1985
  3. Whitaker v. McGeeAppellate Division of the Supreme Court of the State of New York · 1983
  4. Amity Plumbing & Heating Supply Corp. v. Zito Plumbing & Heating Corp.Appellate Division of the Supreme Court of the State of New York · 1985
  5. Leone v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by15 opinions

  1. Dorrer v. BerryAppellate Division of the Supreme Court of the State of New York · 2007
  2. Garal Wholesalers, Ltd. v. Raven Brands, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Yao Ping Tang v. Grand Estate, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  4. White v. Daimler Chrysler Corp.Appellate Division of the Supreme Court of the State of New York · 2007
  5. Everything Yogurt, Inc. v. ToscanoAppellate Division of the Supreme Court of the State of New York · 1996

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