Legal Opinion

Mejia v. Ramos

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

Decided January 9, 2014Published

1Opinion of the Court

*430To successfully vacate a default, a party must demonstrate a justifiable excuse for his default and a meritorious claim (Northern Source, LLC v Kousouros, 106 AD3d 571 [1st Dept 2013]). In determining if there is a reasonable excuse for a party’s default, several relevant factors should be taken into consideration, including the length of the delay, prejudice to the opposing party and the strong public policy in this State favoring the resolution of matters on the merits (Chevalier v 368 E. 148th St. Assoc., LLC, 80 AD3d 411, 413-414 [1st Dept 2011]; see also New Media Holding Co. LLC v…

2Cases cited11 opinions

  1. Brill v. City of New YorkNew York Court of Appeals · 2004
  2. Chevalier v. 368 E. 148th Street Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  3. New Media Holding Co. v. KagalovskyAppellate Division of the Supreme Court of the State of New York · 2012
  4. Dokmecian v. ABN AMRO North America, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Belok v. New York City Department of Housing Preservation & DevelopmentAppellate Division of the Supreme Court of the State of New York · 2011

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