Legal Opinion

Bernstein v. Geiss

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

Decided November 20, 2013PublishedCited by 11 opinions

1Opinion of the Court

In an action to recover unpaid rent, the defendant appeals from an order of the Supreme Court, Westchester County *775(Colabella, J.), entered November 26, 2012, which denied his motion pursuant to CPLR 5015 (a) (1) to vacate a judgment of the same court dated February 1, 2012, entered against him upon his failure to appear at an inquest on October 6, 2008.

Ordered that the order is affirmed, with costs.

For a party to succeed in vacating a judgment entered upon his or her failure to appear on a scheduled court date, the party must demonstrate both a reasonable excuse for the default and a…

2Cases cited4 opinions

  1. Vardaros v. ZapasAppellate Division of the Supreme Court of the State of New York · 2013
  2. Marrero v. Crystal NailsAppellate Division of the Supreme Court of the State of New York · 2010
  3. Braynin v. DunleavyAppellate Division of the Supreme Court of the State of New York · 2013
  4. Sganga v. SgangaAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by11 opinions

  1. Jing Shan Chen v. R & K 51 Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  2. Seidler v. KnopfAppellate Division of the Supreme Court of the State of New York · 2017
  3. Medas v. Rochpark Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  4. King v. Daniel Shoes, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
  5. Bank of Am., N.A. v. Champion Dental, P.C.Appellate Division of the Supreme Court of the State of New York · 2019

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