Legal Opinion
Lucas v. United Helpers Cedars Nursing Home
Appellate Division of the Supreme Court of the State of New York
Decided May 22, 1997PublishedCited by 20 opinions
1Opinion of the Court
Mikoll, J. P.
Appeal from, an order of the Supreme Court (Demarest, J.), entered September 26, 1996 in St. Lawrence County, which granted defendant’s motion to vacate a default judgment entered against it.
The discrete issue here is whether Supreme Court abused its discretion in opening a default judgment. There is a judicial preference to decide cases on their merits. Courts have broad discretion to grant relief from defaults provided the moving party furnishes an affidavit of merit, the delay was neither willful, lengthy nor prejudicial, and the lost or misplaced mail can suffice as…
2Cases cited3 opinions
- Gray v. B. R. Trucking Co.New York Court of Appeals · 1983
- Marine Midland Bank, N.A. v. FanningAppellate Division of the Supreme Court of the State of New York · 1996
- Pisano v. TupperAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by20 opinions
- Abel v. CollinsAppellate Division of the Supreme Court of the State of New York · 2010
- Hann v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1998
- Frank v. MartugeAppellate Division of the Supreme Court of the State of New York · 2001
- Wilcox v. U-Haul Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Ayres Memorial Animal Shelter, Inc. v. Montgomery County Society for the Prevention of Cruelty to AnimalsAppellate Division of the Supreme Court of the State of New York · 2005
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