Legal Opinion · Dissent
Berardo v. Guillet
Appellate Division of the Supreme Court of the State of New York
Decided July 14, 2011Published
1Dissent
Tom, J.E, dissents in a memorandum as follows:
A motion to vacate a default judgment is addressed to the sound discretion of the court (Alliance Prop. Mgt. & Dev. v Andrews Ave. Equities, 70 NY2d 831, 832 [1987]), and no abuse thereof has been established here. Defendants failed to demonstrate both a reasonable excuse and a meritorious defense to warrant vacating their default (see Youni Gems Corp. v Bassco Creations Inc., 70 AD3d 454 [2010], Iv dismissed 15 NY3d 863 [2010]), which they attribute to their former counsel, Lawrence E. Deutsch, now deceased. Indeed, the record discloses that…
2Cases cited8 opinions
- Alliance Property Management & Development, Inc. v. Andrews Avenue Equities, Inc.New York Court of Appeals · 1987
- Catarine v. Beth Israel Medical CenterAppellate Division of the Supreme Court of the State of New York · 2002
- Forum Insurance v. Texarkoma Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1996
- Youni Gems Corp. v. Bassco Creations Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- First Capital Asset Management, Inc. v. N. A. Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 1999
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