Ocasio v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Order, Supreme Court, Bronx County (Hansel McGee, J.), entered January 30, 1992, which, inter alia, denied plaintiff’s motion to vacate her default and to vacate a January 15, 1988 order dismissing the action, unanimously affirmed, without costs.
CPLR 5015 (a) (1) provides that a court may relieve a party from a judgment or order upon the ground of excusable default. To demonstrate an excusable default, the party seeking to vacate the default judgment must demonstrate both a valid excuse for the default and a meritorious claim in the underlying action (see, Tandy Computer Leasing v Video X…
2Cases cited2 opinions
- Tandy Computer Leasing v. Video X Home LibraryAppellate Division of the Supreme Court of the State of New York · 1986
- Murphy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by3 opinions
- Nahmani v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 1999
- Angelidis v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1994
- Ortiz v. MedinaAppellate Division of the Supreme Court of the State of New York · 2000