Legal Opinion

John Wiley & Sons, Inc. v. Grossman

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

Decided October 22, 2015No. 15939N 650375/13PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Joan A. Madden, J.), entered January 29, 2015, which, to the extent appealed from, granted defendant’s motion to vacate the default judgment against him, unanimously reversed, on the law, with costs, and the motion denied.

The motion to vacate the default judgment should not have been granted since defendant failed to demonstrate a reasonable excuse for his delay in appearing (see generally Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]; CPLR 5015 [a] [1]). The record shows that plaintiffs commenced this action on February 4, 2013…

2Cases cited4 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Morgenthau v. Avion Resources Ltd.New York Court of Appeals · 2008
  3. D&R Global Selections, S.L. v. Bodega Olegario Falcón PiñeiroAppellate Division of the Supreme Court of the State of New York · 2011
  4. Cipriano v. HankAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by3 opinions

  1. Coyle v. United StatesCourt of Appeals for the Second Circuit · 2020
  2. Johnson-Roberts v. Ira Judelson Bail BondsAppellate Division of the Supreme Court of the State of New York · 2016
  3. Fisher v. Lewis Constr. NYC Inc.Appellate Division of the Supreme Court of the State of New York · 2020

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