Legal Opinion
Exeter Holding, Ltd. v. Morway Builders & Developers, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 27, 2000PublishedCited by 3 opinions
1Opinion of the Court
—In an action to foreclose a mortgage, the defendants Morway Builders and Developers, Inc., and Desmond D’Souza appeal from an order of the Supreme Court, Nassau County (Levitt, J.), dated April 29, 1999, which denied their motion pursuant to CPLR 5015 (a) to vacate a judgment entered against them upon their default in appearing.
Ordered that the order is affirmed, with costs.
A defendant seeking to vacate a default under CPLR 5015 (a) must demonstrate a reasonable excuse for the failure to appear and a meritorious defense to the action (see, Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 NY2d…
2Cases cited1 opinion
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
3Cited by3 opinions
- In re the Estate of ShapiroAppellate Division of the Supreme Court of the State of New York · 2006
- Security Pacific National Trust Co. v. AdamsAppellate Division of the Supreme Court of the State of New York · 2000
- Yusupova v. T. LampropoulosAppellate Division of the Supreme Court of the State of New York · 2005