Legal Opinion
Domenikos v. Miranda
Appellate Division of the Supreme Court of the State of New York
Decided November 23, 1998PublishedCited by 7 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (Durante, J.), dated April 9, 1998, which denied his motion for leave to vacate a judgment of the same court, entered upon his default in answering.
Ordered that the order is affirmed, with costs.
It is well settled that in order to vacate a judgment entered upon a party’s default, the movant must demonstrate a reasonable excuse and meritorious defense to the action (see, Roussodimou v Zafiriadis, 238 AD2d 568; Fennell v Mason, 204 AD2d 599; Putney v Pearlman,…
2Cases cited4 opinions
- Roussodimou v. ZafiriadisAppellate Division of the Supreme Court of the State of New York · 1997
- FID. & DEPOSIT CO. OF MARYLAND v. Arthur Andersen & Co.New York Court of Appeals · 1983
- Putney v. PearlmanAppellate Division of the Supreme Court of the State of New York · 1994
- Fennell v. MasonAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by7 opinions
- Fekete v. Camp SkwereAppellate Division of the Supreme Court of the State of New York · 2005
- Neuman v. GreenblattAppellate Division of the Supreme Court of the State of New York · 1999
- McCleaver v. VanFossenAppellate Division of the Supreme Court of the State of New York · 2000
- Warren v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
- Mootoo v. RuizAppellate Division of the Supreme Court of the State of New York · 2001
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