Legal Opinion

Simpson v. Mal Service Corp.

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

Decided June 23, 1994PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, New York County (David B. Saxe, J.), entered on or about April 26, 1993, which denied respondent’s motion to vacate a default judgment confirming an arbitration award for interest on a prior award, unanimously reversed, on the law, the motion is granted and the petition dismissed, with costs.

Vacatur of a default judgment requires a showing of reasonable excuse for the default and a meritorious defense (Du-Art Film Labs. v Wharton Intl. Films, 91 AD2d 572, 573). Respondent met both requirements. The original arbitration award (principal and attorney fees) in the amount of…

2Cases cited1 opinion

  1. Du-Art Film Laboratories, Inc. v. Wharton International Films Inc.Appellate Division of the Supreme Court of the State of New York · 1982

3Cited by1 opinion

  1. Global Liberty Ins. Co. v. Shahid Mian, M.D., P.C.Appellate Division of the Supreme Court of the State of New York · 2019

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