Legal Opinion

Fieldston Lodge Care Center v. Andrews

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

Decided December 16, 2010PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered October 21, 2009, which denied defendant Ian Andrews’s motion to vacate the default judgment entered against *553him and for leave to serve an answer, unanimously affirmed, without costs.

Defendant failed to demonstrate both a reasonable excuse for his default and a meritorious defense to the action (see Youni Gems Corp. v Bassco Creations Inc., 70 AD3d 454, 455 [2010], Iv dismissed 15 NY3d 863 [2010]). He offered no evidence to substantiate his proffered excuse for his default, that he believed his mother’s counsel had answered the…

2Cases cited3 opinions

  1. CIT Group/Commercial Services, Inc. v. 160-09 Jamaica Avenue Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2006
  2. Youni Gems Corp. v. Bassco Creations Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  3. Gal-Ed v. 153rd Street Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by2 opinions

  1. Baptist Health Nursing & Rehabilitation Center, Inc. v. BaxterAppellate Division of the Supreme Court of the State of New York · 2016
  2. Baptist Health Nursing & Rehabilitation Center, Inc. v. BaxterAppellate Division of the Supreme Court of the State of New York · 2016

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