Legal Opinion

Grieco v. Walker

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

Decided June 8, 2004PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered on or about June 2, 2003, which, in an action for breach of contract, insofar as appealed from, denied defendant-appellant’s motion to vacate a default judgment entered against him, unanimously affirmed, without costs.

Appellant fails to show a reasonable excuse for his default in opposing plaintiffs motion pursuant to CFLR 3126 to strike his answer (see Silverman & Weinraub v Gillon, 1 AD3d 142, 143 [2003]). Appellant’s bare denial of receipt of plaintiffs discovery demand, motion to strike, notice of settlement of…

2Cases cited3 opinions

  1. Kihl v. PfefferNew York Court of Appeals · 1999
  2. Gurwicz v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1990
  3. Silverman & Weinraub v. GillonAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by3 opinions

  1. Fish & Richardson, P.C. v. SchindlerAppellate Division of the Supreme Court of the State of New York · 2010
  2. Bryant v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
  3. Rajn Corp. v. L&S Construction Co.Appellate Division of the Supreme Court of the State of New York · 2005

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