Legal Opinion

Pemberton v. Fuchs

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

Decided December 23, 2008PublishedCited by 1 opinion

1Opinion of the Court

*864The defendant was properly served with the plaintiffs motion to hold him in contempt (see Corpuel v Galasso, 240 AD2d 531 [1997]; Rothkopf v Rothkopf 191 AD2d 685 [1993]). On this motion to vacate his default in opposing that motion, he was required to demonstrate both a reasonable excuse for his default in opposing the motion and a meritorious opposition to the motion (see Raciti v Sands Point Nursing Home, 54 AD3d 1014 [2008] Ayiku v Viteritti, 54 AD3d 789 [2008]; CPLR 5015 [a] [1]). He failed to do either.

The defendant’s remaining contentions are without merit. Mastro, J.P., Florio, Eng…

2Cases cited4 opinions

  1. Corpuel v. GalassoAppellate Division of the Supreme Court of the State of New York · 1997
  2. Raciti v. Sands Point Nursing HomeAppellate Division of the Supreme Court of the State of New York · 2008
  3. Rothkopf v. RothkopfAppellate Division of the Supreme Court of the State of New York · 1993
  4. Ayiku v. ViterittiAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by1 opinion

  1. Lambert v. SchreiberAppellate Division of the Supreme Court of the State of New York · 2010

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API