Legal Opinion

James v. Hoffman

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

Decided February 22, 1990PublishedCited by 10 opinions

1Opinion of the Court

Supreme Court erred in granting plaintiffs-respondents’ motion to vacate the default judgment entered against them after they failed on several occasions to appear in opposition to defendants-appellants’ motion for summary judgment. Respondents’ motion to vacate was supported only by an affirmation of counsel which fails to provide either a valid excuse for the default or to show that respondents have a meritorious claim (Tat Sang Kwong v Budge-Wood Laundry Serv., 97 AD2d 691 [1st Dept 1983]). Although respondents’ counsel obtained an adjournment of the summry judgment motion, he failed to…

2Cases cited4 opinions

  1. Tat Sang Kwong v. Budge-Wood Laundry Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
  2. State v. WileyAppellate Division of the Supreme Court of the State of New York · 1986
  3. Wasserman v. Manoco Co.Appellate Division of the Supreme Court of the State of New York · 1984
  4. Becker Wrecking & Salvage Corp. v. Pinebrook Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1964

3Cited by10 opinions

  1. Goncalves v. Stuyvesant Development AssociatesAppellate Division of the Supreme Court of the State of New York · 1996
  2. Imovegreen, LLC v. Frantic, LLCAppellate Division of the Supreme Court of the State of New York · 2016
  3. Tobin v. PerlmutterAppellate Division of the Supreme Court of the State of New York · 2001
  4. Dayton Towers Corp. v. KatzAppellate Division of the Supreme Court of the State of New York · 1994
  5. Teachers Insurance & Annuity Association of America v. Code Beta Group, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

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