Legal Opinion
Glendora v. Mastrorilli
Appellate Terms of the Supreme Court of New York
Decided December 27, 2006PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order reversed with $10 costs and defendant Mastrorilli’s motion to vacate a default judgment granted.
In this small claims action sounding in tortious interference with contract, defendant Mastrorilli articulated a reasonable excuse for her failure to appear for trial in this matter and a meritorious defense to the action. The court below improvidently exercised its discretion in designating her second motion to vacate the default as being for renewal pursuant to CPLR 2221 (e) and denying it. Defendant herein was not attempting in her second motion to affect the…
2Cases cited5 opinions
- Joan Hansen & Co. v. Everlast World's Boxing Headquarters Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Inter-Power of New York, Inc. v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Ariowitsch v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1986
- Britvan v. Sutton & Edwards, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Steve Marchionda & Associates, Inc. v. Maximum Express Delivery, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
3Cited by6 opinions
- 47 Thames Realty, LLC v. RobinsonAppellate Division of the Supreme Court of the State of New York · 2011
- Beizer v. MollinsAppellate Terms of the Supreme Court of New York · 2019
- Beizer v. MollinsAppellate Terms of the Supreme Court of New York · 2019
- Gamma Bedford, LLC v. CineasAppellate Terms of the Supreme Court of New York · 2020
- Tocci v. FedermanAppellate Division of the Supreme Court of the State of New York · 2009
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