Legal Opinion

Rudes v. Magna Stables Co.

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

Decided November 14, 2000PublishedCited by 4 opinions

1Opinion of the Court

—Order, Supreme Court, Bronx County (Joseph Giamboi, J.), entered June 30, 1999, which denied defendants’ motion to vacate a default judgment, unanimously affirmed, without costs.

*64Defendants’ showing of possible defenses does not relieve them of the burden of showing a reasonable excuse for their failure to appear for trial of an action reached and called for trial (see, CPLR 3215 [a]; 22 NYCRR 202.27 [a]; Goncalves v Stuyvesant Dev. Assocs., 232 AD2d 275). As another Justice said in denying a prior motion by defendants for identical relief, “no cognizable reason for the failure to appear for…

2Cases cited1 opinion

  1. Goncalves v. Stuyvesant Development AssociatesAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by4 opinions

  1. Campos v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  2. Latha Restaurant Corp. v. Tower InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
  3. Metral v. BonifacioAppellate Division of the Supreme Court of the State of New York · 2003
  4. Primagency, Inc. v. V-Formation, Inc.Appellate Division of the Supreme Court of the State of New York · 2004

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