Legal Opinion

Grutman v. Southgate at Bar Harbor Home Owners' Ass'n

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

Decided August 29, 1994PublishedCited by 26 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Robbins, J.), dated February 4, 1993, which granted the defendant’s motion to vacate the *527default judgment and directed the plaintiffs to accept service of the answer.

Ordered that the order is affirmed, with costs.

An application to vacate a default may be granted if the movant establishes that its default was excusable and that it has a meritorious defense to the action (see, CPLR 5015 [a]; 2005). The determination of what constitutes a reasonable excuse for a…

2Cases cited1 opinion

  1. 38 Holding Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by26 opinions

  1. Santiago v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2004
  2. Hageman v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Remote Meter Technology of NY, Inc. v. Aris Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  4. Infante v. Breslin Realty Development Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Campbell-Jarvis v. AlvesAppellate Division of the Supreme Court of the State of New York · 2009

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