Legal Opinion
Olivetti Leasing Corp. v. Mar-Mac Precision Corp.
New York Supreme Court
Decided February 12, 1983PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Stanley L. Sklar, J.
The principal issues presented on this motion to vacate a default judgment are: (1) whether a corporate defendant which was served by service upon the Secretary of State is required to demonstrate that its default in answering was excusable; and (2) whether the defendant’s failure to submit á proposed answer, by that very fact, bars the court from vacating the default. I answer both questions in the negative and vacate the default.
*866THE FACTS
A default judgment was entered by plaintiff, Olivetti Leasing Corporation, against defendant, Mar-Mac Precision…
2Cases cited5 opinions
- Brac Construction Corp. v. Di-Com Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- Cecelia v. Colonial Sand & Stone Co.Appellate Division of the Supreme Court of the State of New York · 1982
- National Bank of Northern New York v. GrassoAppellate Division of the Supreme Court of the State of New York · 1980
- Hilldun Corp. v. Scarboro Textiles, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- 418 Trading Corp. v. PelliccioAppellate Division of the Supreme Court of the State of New York · 1961
3Cited by3 opinions
- Frank v. MartugeAppellate Division of the Supreme Court of the State of New York · 2001
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 2002
- Junowicz v. JunowiczAppellate Division of the Supreme Court of the State of New York · 1987