Legal Opinion

Gorrasi v. Vigliotti

Appellate Division of the Supreme Court of the State of New York

Decided December 11, 2000Published

1Opinion of the Court

In an action to recover payment on promissory notes, the defendant appeals from an order of the Supreme Court, Nassau County (McCarty, J.), entered December 30, 1999, which denied his motion to vacate a judgment of the same court (Gibson, R.), entered May 28, 1999, in favor of the plaintiff and against him in the principal sum of $28,200, upon his default in appearing at trial.

Ordered that the order is affirmed, with costs.

To vacate a judgment entered upon a default, the movant must establish a reasonable excuse for the default and a meritorious defense to the action (see, CPLR 5015 [a];…

2Cases cited2 opinions

  1. Schiller v. Sun Rock Building Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  2. Barbagallo v. Nationwise Exterminating & Deodorizing, Inc.Appellate Division of the Supreme Court of the State of New York · 1999

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