Legal Opinion

Knupfer v. Hertz Corp.

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

Decided December 22, 2006PublishedCited by 2 opinions

1Opinion of the Court

*1238Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered April 13, 2006 in a personal injury action. The order denied the motion of defendant the Hertz Corporation to vacate an order granting a default judgment against it.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the order entered January 27, 2006 is vacated.

Memorandum: A party seeking to vacate a default judgment is “required to demonstrate both a reasonable excuse for the default and a meritorious…

2Cases cited3 opinions

  1. Fennell v. MasonAppellate Division of the Supreme Court of the State of New York · 1994
  2. Loris v. S & W Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Triangle Transport, Inc. v. Markel InsuranceAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by2 opinions

  1. HSBC Bank USA National Ass'n v. Nuteh 72 Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Geneva Ass'n of Retired Teachers Ex Rel. Heinzman v. Geneva City School DistrictAppellate Division of the Supreme Court of the State of New York · 2017

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