Legal Opinion
Mount Sinai Hospital of Queens v. Hertz Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 20, 2004PublishedCited by 6 opinions
1Opinion of the Court
In an action to recover no-fault benefits under an insurance contract, the defendants appeal from an or*524der of the Supreme Court, Nassau County (O’Connell, J.), entered May 23, 2003, which denied their motion to vacate a judgment of the same court entered January 9, 2003, upon their failure to appear or answer.
Ordered that the order is affirmed, with costs.
A defendant seeking to vacate a judgment entered upon its failure to appear or answer a complaint must demonstrate both a reasonable excuse for the default and the existence of a meritorious defense (see Manigat v Louis, 262 AD2d 289…
2Cases cited3 opinions
- MacMarty, Inc. v. SchellerAppellate Division of the Supreme Court of the State of New York · 1994
- Gurreri v. Village of Briarcliff ManorAppellate Division of the Supreme Court of the State of New York · 1998
- Manigat v. LouisAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by6 opinions
- Bergdoll v. PentecosteAppellate Division of the Supreme Court of the State of New York · 2005
- Bitterman v. HurewitzAppellate Division of the Supreme Court of the State of New York · 2005
- Goldberg v. ZawadaAppellate Division of the Supreme Court of the State of New York · 2007
- Dessain v. FranklinAppellate Division of the Supreme Court of the State of New York · 2006
- Jowers v. PeopleAppellate Division of the Supreme Court of the State of New York · 2004
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