Legal Opinion

Gordian-Kenney v. New York State Division of Human Rights

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

Decided December 4, 2003Published

1Opinion of the Court

Order, Supreme Court, New York County (Louis York, J.), entered July 24, 2002, which denied with prejudice petitioner’s motion to renew a prior motion to vacate a default judgment, unanimously affirmed, without costs.

Eetitioner not only defaulted repeatedly, but failed to heed the court’s instructions on what to include in requests for vacatur. She has failed to meet her burden of showing a reasonable excuse for default and a meritorious cause of action (Mitrany v American Tit. Ins. Co., 238 AD2d 179 [1997]). Concur — Tom, J.E, Andrias, Saxe and Ellerin, JJ.

2Cases cited1 opinion

  1. Mitrany v. American Title InsuranceAppellate Division of the Supreme Court of the State of New York · 1997