Legal Opinion
Lockard v. Sopolsky
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2011PublishedCited by 2 opinions
1Opinion of the Court
Defendant failed to demonstrate the reasonable excuse and meritorious defense required to vacate a judgment on the ground of excusable default (CPLR 5015 [a]; see Benson Park Assoc., LLC v Herman, 73 AD3d 464, 465 [2010]). The record shows that she was represénted by counsel, obtained multiple extensions of time to answer the complaint, and was aware of upcoming deadlines. Nevertheless, counsel failed to serve an answer or request an additional extension of time to serve, and defendant offered no explanation for this failure (see Youni Gems Corp. v Bassco Creations Inc., 70 AD3d 454, 455…
2Cases cited6 opinions
- Peacock v. KalikowAppellate Division of the Supreme Court of the State of New York · 1997
- Early v. Hilton Hotels Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Benson Park Associates, LLC v. HermanAppellate Division of the Supreme Court of the State of New York · 2010
- Youni Gems Corp. v. Bassco Creations Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Tandy Computer Leasing v. Video X Home LibraryAppellate Division of the Supreme Court of the State of New York · 1986
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3Cited by2 opinions
- Sehnert v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Wimbledon Fin. Master Fund, Ltd. v. Sage Group Consulting Inc.Appellate Division of the Supreme Court of the State of New York · 2019