Legal Opinion

Blake v. Ponce-DeLeon

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

Decided April 25, 2005Published

1Opinion of the Court

In an action, inter alia, to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (M. Garson, J.), dated September 10, 2004, which granted the plaintiffs motion for leave to enter judgment against them upon their failure to appear or answer, and denied their cross motion to compel the plaintiff to accept their answer.

Ordered that the order is affirmed, with costs.

“[A] defendant seeking to successfully oppose a motion for leave to enter a judgment upon the failure to serve an answer must demonstrate a reasonable excuse for his [or her]…

2Cases cited4 opinions

  1. Gurreri v. Village of Briarcliff ManorAppellate Division of the Supreme Court of the State of New York · 1998
  2. Mendiolaza v. NovinskiAppellate Division of the Supreme Court of the State of New York · 2000
  3. Toure v. HarrisonAppellate Division of the Supreme Court of the State of New York · 2004
  4. Beresford v. WaheedAppellate Division of the Supreme Court of the State of New York · 2001

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