Jackson-Cutler v. Long
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendants Steven Long and Katherine Long appeal from an order of the Supreme Court, Kings County (Johnson, J.), dated July 31, 2002, which denied their motion to vacate their default in serving an answer to the complaint.
Ordered that the order is affirmed, without costs or disbursements.
A party seeking to vacate its default must demonstrate both a reasonable excuse and the existence of a meritorious defense (see CPLR 5015 [a] [1]; Titan Realty Corp. v Schlem, 283 AD2d 568 [2001]; Poincy v White Bus Co., 278 AD2d 467…
2Cases cited8 opinions
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- Adler v. Suffolk County Water AuthorityAppellate Division of the Supreme Court of the State of New York · 2003
- Mann v. All Waste Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- ELRAC, Inc. v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2000
- Poincy v. White Bus Co.Appellate Division of the Supreme Court of the State of New York · 2000
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3Cited by17 opinions
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- Hoyte v. EpsteinAppellate Division of the Supreme Court of the State of New York · 2004
- US Bank National Ass'n v. ThurmAppellate Division of the Supreme Court of the State of New York · 2016
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