Legal Opinion

Cohen v. Houseconnect Realty Corp.

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

Decided March 21, 2005PublishedCited by 2 opinions

1Opinion of the Court

— In an action, inter alia, to recover damages for fraud, the defendant Sam Ailany, also known as Nahum Hilany, appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated March 9, 2004, which denied his motion to vacate a judgment of the same court dated May 29, 2003, entered upon his default in appearing.

Ordered that the order is affirmed, with costs.

The appellant was required to demonstrate a reasonable excuse for the default and a meritorious defense (see CPLR 5015 [a] [1]; Santiago v New York City Health & Hosps. Corp., 10 AD3d 393 [2004]; Spells v A&P Supermarkets, 253…

2Cases cited3 opinions

  1. Roussodimou v. ZafiriadisAppellate Division of the Supreme Court of the State of New York · 1997
  2. Santiago v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Spells v. A&P Supermarkets, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

3Cited by2 opinions

  1. Town House St., LLC v. New Fellowship Full Gospel Baptist Church, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Han v. BarkAppellate Division of the Supreme Court of the State of New York · 2006

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