Legal Opinion

Kohn v. Kohn

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

Decided July 26, 2011PublishedCited by 42 opinions

1Opinion of the Court

To vacate her default in opposing the plaintiffs motion, the defendant was required to demonstrate both a reasonable excuse for her default and a potentially meritorious opposition (see Remote Meter Tech. of NY, Inc. v Aris Realty Corp., 83 AD3d 1030 [2011]; Bazoyah v Herschitz, 79 AD3d 1081 [2010]). A motion to vacate a default is addressed to the sound discretion of the Supreme Court (see Dimitriadis v Visiting Nurse Serv. of N.Y., 84 AD3d 1150 [2011]). The Supreme Court has the discretion to accept law office failure as a reasonable excuse {see CPLR 2005), where the claim of law office…

2Cases cited8 opinions

  1. Bazoyah v. HerschitzAppellate Division of the Supreme Court of the State of New York · 2010
  2. Remote Meter Technology of NY, Inc. v. Aris Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Dimitriadis v. Visiting Nurse ServiceAppellate Division of the Supreme Court of the State of New York · 2011
  4. Aloi v. SimoniAppellate Division of the Supreme Court of the State of New York · 2011
  5. Taft v. TaftAppellate Division of the Supreme Court of the State of New York · 1987

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3Cited by42 opinions

  1. OneWest Bank, FSB v. SingerAppellate Division of the Supreme Court of the State of New York · 2017
  2. GMAC Mortgage, LLC v. GuccioneAppellate Division of the Supreme Court of the State of New York · 2015
  3. Vujanic v. PetrovicAppellate Division of the Supreme Court of the State of New York · 2013
  4. Aurora Loan Services, LLC v. AhmedAppellate Division of the Supreme Court of the State of New York · 2014
  5. Deutsche Bank National Trust Co. v. LudenAppellate Division of the Supreme Court of the State of New York · 2012

37 more not listed; retrieve them via the Exa API.

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