Burns v. Casale
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered August 10, 1999, which granted the plaintiffs’ motion to vacate a prior order of the same court dismissing the complaint upon their failure to appear at a pretrial conference, and restored the action to the calendar.
Ordered that the order is affirmed, with costs.
A court may vacate an order entered on default upon a showing by the movant of a reasonable excuse and a meritorious *735claim (see, Barbagallo v Nationwise Exterminating…
2Cases cited7 opinions
- Parker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Grutman v. Southgate at Bar Harbor Home Owners' Ass'nAppellate Division of the Supreme Court of the State of New York · 1994
- Belesi v. GiffordAppellate Division of the Supreme Court of the State of New York · 2000
- Fox v. BicanicAppellate Division of the Supreme Court of the State of New York · 1990
- Mena v. Choon-Ket KongAppellate Division of the Supreme Court of the State of New York · 2000
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lowe v. SteinmanAppellate Division of the Supreme Court of the State of New York · 2001
- Weitzenberg v. Nassau County Department of Recreation & ParksAppellate Division of the Supreme Court of the State of New York · 2001
- Katsnelson v. ELRAC, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Adamo v. StateAppellate Division of the Supreme Court of the State of New York · 2004
- Bitzios v. MichelakisAppellate Division of the Supreme Court of the State of New York · 2011
8 more not listed; retrieve them via the Exa API.