Wynne v. Wagner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Spodek, J.), dated July 2, 1998, which granted the defendant’s motion, inter alia, for leave to vacate a judgment in the principal sum of $635,000, entered against him upon his default in appearing at trial.
Ordered that the order is reversed, as a matter of discretion, with costs, the motion is denied, and the judgment is reinstated.
It is well settled that on a motion for leave to vacate a default judgment pursuant to CPLR 5015(a), a defendant must demonstrate a…
2Cases cited8 opinions
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- Kolajo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
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