Legal Opinion

Ocasio v. City of New York

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

Decided October 29, 1992PublishedCited by 3 opinions

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

  1. Tandy Computer Leasing v. Video X Home LibraryAppellate Division of the Supreme Court of the State of New York · 1986
  2. Murphy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by3 opinions

  1. Nahmani v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 1999
  2. Angelidis v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1994
  3. Ortiz v. MedinaAppellate Division of the Supreme Court of the State of New York · 2000

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