Legal Opinion

Kyriacopoulos v. Mendon Leasing Corp.

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

Decided June 26, 1995PublishedCited by 16 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Durante, J.), dated May 31, 1994, which denied their motion to vacate a default judgment entered upon their failure to answer the complaint against them.

Ordered that the order is affirmed, with costs.

It is within the discretion of the trial court "in the interests of justice to excuse delay or default resulting from law office *533failure” (CPLR 2005). Default may be excused upon a showing of a meritorious defense and a justifiable excuse (see, Korea Exch. Bank v…

2Cases cited6 opinions

  1. Perellie v. Crimson's Restaurant, Ltd.Appellate Division of the Supreme Court of the State of New York · 1985
  2. Vierya v. Briggs & Stratton Corp.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Tandy Computer Leasing v. Video X Home LibraryAppellate Division of the Supreme Court of the State of New York · 1986
  4. Leogrande v. GlassAppellate Division of the Supreme Court of the State of New York · 1984
  5. Korea Exchange Bank v. AttilioAppellate Division of the Supreme Court of the State of New York · 1992

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Goldberg v. BrethAppellate Division of the Supreme Court of the State of New York · 2020
  2. Rock v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1997
  3. Flora Co. v. IngilisAppellate Division of the Supreme Court of the State of New York · 1996
  4. Caputo v. PetonAppellate Division of the Supreme Court of the State of New York · 2004
  5. Weitzenberg v. Nassau County Department of Recreation & ParksAppellate Division of the Supreme Court of the State of New York · 2001

11 more not listed; retrieve them via the Exa API.

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