Legal Opinion
Caputo v. Peton
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 2004PublishedCited by 9 opinions
1Opinion of the Court
*475In an action to recover damages for personal injuries, the defendant Angelo J. Sciannameo appeals from so much of an order of the Supreme Court, Kings County (Kramer, J.), dated June 27, 2003, as denied those branches of his motion which were to vacate his default in answering and to compel the plaintiff to accept his answer.
Ordered that the order is affirmed insofar as appealed from, with costs.
To vacate his default, the defendant Angelo J. Sciannameo was required to demonstrate both a reasonable excuse for his default and a meritorious defense (see CPLR 5015 [a] [1]; Santiago v New York…
2Cases cited3 opinions
- Santiago v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Kyriacopoulos v. Mendon Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Weitzenberg v. Nassau County Department of Recreation & ParksAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by9 opinions
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- Chiarello v. AlessandroAppellate Division of the Supreme Court of the State of New York · 2007
- Kurtz v. MitchellAppellate Division of the Supreme Court of the State of New York · 2006
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