Legal Opinion
Cooper v. Cooper
Appellate Division of the Supreme Court of the State of New York
Decided October 28, 2008PublishedCited by 3 opinions
1Opinion of the Court
In an action for a declaratory judgment, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Warshawsky, J.), entered September 13, 2007, as denied his motion to vacate a judgment entered July 7, 2007, upon his default in answering or appearing.
Ordered that the order is affirmed insofar as appealed from, with costs.
A defendant seeking to vacate a default in appearing or answering must demonstrate a reasonable excuse for the default and a meritorious defense to the action (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141…
2Cases cited11 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Miles v. Blue Label Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Gambardella v. Ortov Lighting, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Incorporated Village of Hempstead v. JablonskyAppellate Division of the Supreme Court of the State of New York · 2001
- Levi v. LeviAppellate Division of the Supreme Court of the State of New York · 2007
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Development Strategies Co. v. Astoria Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Diaz v. DiazAppellate Division of the Supreme Court of the State of New York · 2010
- Young Chen v. Ruihua LiAppellate Division of the Supreme Court of the State of New York · 2009