Rock v. Schwartz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for misconduct of a notary public pursuant to Executive Law § 135, the defendant appeals from an order of the Supreme Court, Nassau County (Lockman, J.), dated December 11, 1996, which denied his motion to (1) vacate his default in appearing for trial, and (2) restore the action to the trial calendar.
Ordered that the order is affirmed, with costs.
It is well settled that a defendant seeking to vacate a default must demonstrate both a reasonable excuse for the default and the existence of a meritorious defense (see, Roussodimou v Zafiriadis, 238 AD2d 568).…
2Cases cited6 opinions
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- Putney v. PearlmanAppellate Division of the Supreme Court of the State of New York · 1994
- Gannon v. Johnson Scale Co.Appellate Division of the Supreme Court of the State of New York · 1993
- Kyriacopoulos v. Mendon Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- United States Automobile Ass'n v. SteigerAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by14 opinions
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- Spells v. A&P Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Campenni v. Ridgecroft Estates Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
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