Legal Opinion

Cheng v. Leader Jewelry Corp.

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

Decided January 12, 1998PublishedCited by 6 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Shaw, J.), dated January 28, 1997, which granted the plaintiffs contested motion pursuant to CPLR 3215 for leave to enter judgment upon the defendant’s default in answering.

Ordered that the order is affirmed, with costs.

In order to successfully oppose a motion for leave to enter a default judgment based on the failure to serve an answer, the defendant must demonstrate a reasonable excuse for the delay and provide a meritorious defense (see, Pumarejo-Garcia v…

2Cases cited2 opinions

  1. Pumarejo-Garcia v. McDonoughAppellate Division of the Supreme Court of the State of New York · 1997
  2. Lesser v. Ambulette Ass'n of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1982

3Cited by6 opinions

  1. Thompson v. Steuben Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Gurreri v. Village of Briarcliff ManorAppellate Division of the Supreme Court of the State of New York · 1998
  3. Manigat v. LouisAppellate Division of the Supreme Court of the State of New York · 1999
  4. Nikac v. RukajAppellate Division of the Supreme Court of the State of New York · 2000
  5. Freulich-Woodruff v. B.A. Auto Repair, Inc.Appellate Division of the Supreme Court of the State of New York · 2005

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