Legal Opinion · Dissent
A.M. Medical Services, P.C. v. Liberty Mutual Insurance
Appellate Terms of the Supreme Court of New York
Decided October 5, 2010Published
1DissentGolia, J.
In my opinion, defendant’s default was excusable as the result of law office failure. The recognized and viable excuse of law office failure, in conjunction with the meritorious defense of intrinsic fraud committed by plaintiff, constitutes sufficient grounds to have the default judgment vacated.
It is well settled in New York that a defendant seeking to vacate a default judgment must demonstrate a reasonable excuse for its default and a meritorious defense to the action (see CPLR 5015 [a] [1]; see also Fidelity & Deposit Co. of Md. v Andersen & Co., 60 NY2d 693 [1983]; Stewart v Warren, 134…
2Cases cited7 opinions
- FID. & DEPOSIT CO. OF MARYLAND v. Arthur Andersen & Co.New York Court of Appeals · 1983
- Bova v. VinciguerraAppellate Division of the Supreme Court of the State of New York · 1988
- Bank of New York v. LagakosAppellate Division of the Supreme Court of the State of New York · 2006
- Vierya v. Briggs & Stratton Corp.Appellate Division of the Supreme Court of the State of New York · 1990
- Searing v. AnandAppellate Division of the Supreme Court of the State of New York · 1987
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