Legal Opinion
Zablocki v. Straley
Appellate Division of the Supreme Court of the State of New York
Decided May 9, 1991PublishedCited by 7 opinions
1Opinion of the Court
Yesawich, Jr., J.
Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Benson, J.), entered March 30, 1989 in Dutchess County, which denied plaintiff’s motion to vacate a default judgment entered against her.
The order should be reversed. Plaintiff demonstrated both a meritorious claim and a reasonable excuse for her failure to timely serve her complaint (CPLR 5015 [a] [1]). Plaintiff’s claim obviously has merit. Her affidavit discloses that while a passenger in a motor vehicle owned by defendant Gregg Straley, she…
2Cases cited4 opinions
- Gabrelian v. GabrelianAppellate Division of the Supreme Court of the State of New York · 1985
- Davies v. Contel of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Harley v. Assessor of HoosickAppellate Division of the Supreme Court of the State of New York · 1986
- Fiato v. BuscemaAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by7 opinions
- Waite v. WhalenAppellate Division of the Supreme Court of the State of New York · 1995
- Cerrone v. FasuloAppellate Division of the Supreme Court of the State of New York · 1997
- All States Medical Placement Agency, Inc. v. KripkeAppellate Division of the Supreme Court of the State of New York · 1996
- Bedard v. NajimAppellate Division of the Supreme Court of the State of New York · 1995
- Mayville v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
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