La Griglia, Inc. v. Firemen's Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Mikoll, J. P.
Appeals (1) from an order of the Supreme Court (Connor, J.), entered October 13, 1992 in Greene County, which denied plaintiffs motion to vacate a default judgment entered against it, and (2) from an order of said court, entered October 13, 1992 in Greene County, which granted defendant Grapeville Agency’s motion to amend the caption of the action.
A party seeking to vacate a default must demonstrate a reasonable excuse for the default, a meritorious claim and the absence of willfulness (Ryan v Ryan, 177 AD2d 895). Plaintiff has failed to demonstrate legal merit to his claim or a…
2Cases cited1 opinion
- Ryan v. RyanAppellate Division of the Supreme Court of the State of New York · 1991
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- Louis Fargnoli Food Distributor v. Jennies Bakery, Inc.Appellate Division of the Supreme Court of the State of New York · 1994