Legal Opinion

Zapater v. 2540 Associates, Inc.

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

Decided May 21, 1998PublishedCited by 4 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Alan Saks, J.), entered July 18, 1997, which, in an action to recover for personal injuries sustained in a trip and fall at the entrance of defendants’ multiple dwelling, insofar as appealed from, denied defendants’ cross motion to vacate a default judgment entered against them after inquest, unanimously affirmed, without costs.

Vacatur was properly denied for defendants’ failure to show that they have a meritorious defense or that they moved within a year after obtaining knowledge of entry of the February 1995 judgment (CPLR 317). Defendants’ affidavit,…

2Cases cited2 opinions

  1. Peacock v. KalikowAppellate Division of the Supreme Court of the State of New York · 1997
  2. Lawrence v. Esplanade Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 1995

3Cited by4 opinions

  1. 2540 Associates, Inc. v. Assicurazioni Generali, S.p.A.Appellate Division of the Supreme Court of the State of New York · 2000
  2. Widgren v. 313 East 9th Associates, Ltd.Appellate Division of the Supreme Court of the State of New York · 2002
  3. Luong v. 173 Lafayette Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Parker v. Bonitas Youth Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2016

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