Sound Shore Medical Center v. Lumbermens Mutual Casualty Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover no-fault medical payments, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Winslow, J.), dated December 8, 2005, as granted that branch of the defendant’s motion which was to vacate a clerk’s judgment of the same court entered June 16, 2005, upon its failure to appear or answer.
Ordered that the order is affirmed insofar as appealed from, with costs.
A party seeking to vacate a judgment entered on default must demonstrate a reasonable excuse for its delay in appearing and answering the complaint and a meritorious defense to the action…
2Cases cited9 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Harcztark v. Drive Variety, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Murphy v. D. V. Waste Control Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Anamdi v. AnugoAppellate Division of the Supreme Court of the State of New York · 1996
- Burgos v. Allcity InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cooney v. Cambridge Management & Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Montefiore Medical Center v. Hartford Accident & Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 2007
- Westchester Medical Center v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2011
- New York Hospital Medical Center v. Nationwide Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2014
- Perez v. Travco InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
6 more not listed; retrieve them via the Exa API.