Baretto v. Cooper Square Community Development Committee & Businessmen's Ass'n
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Orders of the Supreme Court, New York County (Ethel Danzig, J.), entered on April 14, 1988 and August 4, 1988, respectively, which, inter alla, denied, as moot, petitioners’ application to enjoin a membership meeting scheduled for March 16, 1988; and denied petitioners’ motion to vacate the default, unanimously affirmed, without costs.
To vacate a default judgment pursuant to CPLR 5015 (a) (1) movants are required to demonstrate that the default is excusable and that the action is meritorious. (See, Scopino v St. Joseph’s Hosp., 142 AD2d 569 [2d Dept 1988].) Petitioners here failed to meet…
2Cases cited1 opinion
- Scopino v. St. Joseph's HospitalAppellate Division of the Supreme Court of the State of New York · 1988