Legal Opinion
Hillwick, Inc. v. Advanced Ready Mix Supply Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 25, 2015No. 2015-01558Published
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract and on an account stated, the plaintiff appeals from an order of the Supreme Court, Kings County (Bayne, J.), dated January 9, 2015, which granted the motion of the defendant Advanced Transit Mix Corp. to vacate so much of a judgment of the same court dated October 15, 2014, as was in favor of the plaintiff and against it, upon its failure to appear or answer.
Ordered that the order is affirmed, with costs.
A defendant seeking to vacate a default in appearing or answering pursuant to CPLR 5015 (a) (1) must demonstrate both a…
2Cases cited9 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Gray v. B. R. Trucking Co.New York Court of Appeals · 1983
- Hospital for Joint Diseases v. Elrac, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Kouzios v. DeryAppellate Division of the Supreme Court of the State of New York · 2008
- John John, LLC v. Exit 63 Development, LLCAppellate Division of the Supreme Court of the State of New York · 2006
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