Legal Opinion
2261 Palmer Avenue Corp. v. Malick
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 2012PublishedCited by 5 opinions
1Opinion of the Court
In order to vacate her default in appearing or answering the complaint, the defendant was required to demonstrate both a reasonable excuse for the default and the existence of a potentially meritorious defense to the action (see CPLR 5015 [a] [1]; Bank of Am. v Faracco, 89 AD3d 879 [2011]; Community Preserv. Corp. v Bridgewater Condominiums, LLC, 89 AD3d 784 [2011]; see also Swensen v MV Transp., Inc., 89 AD3d 924 [2011]). Even if the defendant demonstrated a reasonable excuse for her default, our review of the record establishes that she failed to demonstrate a potentially meritorious…
2Cases cited5 opinions
- Community Preservation Corp. v. Bridgewater Condominiums, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Garal Wholesalers, Ltd. v. Raven Brands, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Swensen v. MV Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Thapt v. Lutheran Medical CenterAppellate Division of the Supreme Court of the State of New York · 2011
- Bank of America v. FaraccoAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by5 opinions
- Wassertheil v. Elburg, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Aydiner v. Grosfillex, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Aydiner v. Grosfillex, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Matter of Amica Mut. Ins. Co. v. AlexisAppellate Division of the Supreme Court of the State of New York · 2020
- Poughkeepsie Hous. Auth. v. JohnsonAppellate Terms of the Supreme Court of New York · 2018