Legal Opinion

Dorrer v. Berry

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

Decided February 13, 2007PublishedCited by 28 opinions

1Opinion of the Court

*520In an action, inter alia, to recover damages for conversion of corporate assets, the defendants appeal from an order of the Supreme Court, Dutchess County (Pagones, J.), dated February 7, 2006, which denied their motion pursuant to CPLR 5015 to vacate their default in appearing and answering the complaint.

Ordered that the order is affirmed, with costs.

A defendant seeking to vacate its default in appearing and answering the complaint must demonstrate a reasonable excuse for the delay in appearing and answering and a meritorious defense to the action (see CPLR 5015 [a] [1]; Eugene Di Lorenzo,…

2Cases cited7 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Gray v. B. R. Trucking Co.New York Court of Appeals · 1983
  3. Passalacqua v. BanatAppellate Division of the Supreme Court of the State of New York · 1984
  4. Hegarty v. BalleeAppellate Division of the Supreme Court of the State of New York · 2005
  5. Awad v. SeverinoAppellate Division of the Supreme Court of the State of New York · 1986

2 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. U.S. Bank National Ass'n v. SlavinskiAppellate Division of the Supreme Court of the State of New York · 2010
  2. Wells Fargo Bank, NA v. BesemerAppellate Division of the Supreme Court of the State of New York · 2015
  3. Yao Ping Tang v. Grand Estate, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  4. 126 Henry St., Inc. v. CaterAppellate Division of the Supreme Court of the State of New York · 2021
  5. Stevens v. CharlesAppellate Division of the Supreme Court of the State of New York · 2013

23 more not listed; retrieve them via the Exa API.

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