James v. Hoffman
Appellate Division of the Supreme Court of the State of New York
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
- Tat Sang Kwong v. Budge-Wood Laundry Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- State v. WileyAppellate Division of the Supreme Court of the State of New York · 1986
- Wasserman v. Manoco Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Becker Wrecking & Salvage Corp. v. Pinebrook Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1964
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- Tobin v. PerlmutterAppellate Division of the Supreme Court of the State of New York · 2001
- Dayton Towers Corp. v. KatzAppellate Division of the Supreme Court of the State of New York · 1994
- 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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