Mitrany v. American Title Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Orders, Supreme Court, New York County (Edward Lehner, J.), entered November 22, 1995, which denied plaintiff’s motion to vacate an order dismissing the action upon plaintiff’s failure to appear at a calendar call, and February 21, 1996, which, insofar as appeal-able, denied plaintiff’s motion to renew the prior motion, unanimously affirmed, without costs.
Judicial preference for disposing of cases on the merits does not relieve a party seeking to vacate a default of the two-pronged burden of showing merit to its position and a reasonable excuse for the default. The motion court properly…
2Cited by4 opinions
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- McAllen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Gordian-Kenney v. New York State Division of Human RightsAppellate Division of the Supreme Court of the State of New York · 2003