Legal Opinion
Clark v. Sherwood
Appellate Division of the Supreme Court of the State of New York
Decided February 21, 1986PublishedCited by 4 opinions
1Opinion of the Court
—Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: We find sufficient support in this record to partially grant defendant’s motion to vacate the default judgment awarding plaintiff treble damages under RPAPL 861 (2). In our view, defendant has demonstrated that his default was legally "excusable” and that he has a meritorious defense to the award of treble damages (see, Fidelity & Deposit Co. v Andersen & Co., 60 NY2d 693, 695; Klenk v Kent, 103 AD2d 1002, appeal dismissed 63 NY2d 953; Leone v Johnson, 99 AD2d 567,…
2Cases cited5 opinions
- FID. & DEPOSIT CO. OF MARYLAND v. Arthur Andersen & Co.New York Court of Appeals · 1983
- Klenk v. KentAppellate Division of the Supreme Court of the State of New York · 1984
- Claim of Leeds v. County of WestchesterNew York Court of Appeals · 1984
- County Asphalt, Inc. v. North Rockland Underground Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Leone v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by4 opinions
- Evolution Impressions, Inc. v. LewandowskiAppellate Division of the Supreme Court of the State of New York · 2009
- Woodward v. Eighmie Moving & Storage, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Wolberg Electrical Supply Co. v. FrischAppellate Division of the Supreme Court of the State of New York · 1988
- Wilkins v. SherwoodAppellate Division of the Supreme Court of the State of New York · 1986