Legal Opinion
Weinberger v. Judlau Contracting, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 2003PublishedCited by 6 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Gammer, J.), dated December 5, 2002, which denied its motion to vacate a judgment of the same court entered January 3, 2002, upon its default in answering.
Ordered that the order is affirmed, with costs.
A party seeking to vacate a judgment entered upon its default in answering must make a showing of a justifiable excuse for the default and a meritorious defense (see Hazen v Bottiglieri, 286 AD2d 708 [2001]; Miles v Blue Label Trucking, 232 AD2d 382 [1996]). The…
2Cases cited4 opinions
- Miles v. Blue Label Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Hazen v. BottiglieriAppellate Division of the Supreme Court of the State of New York · 2001
- Stoltz v. Playquest Theater Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Government Employees Insurance v. KolodnyAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by6 opinions
- Juseinoski v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
- Lemberger v. Congregation Yetev Lev D'Satmar, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Hegarty v. BalleeAppellate Division of the Supreme Court of the State of New York · 2005
- Krieger v. CohanAppellate Division of the Supreme Court of the State of New York · 2005
- Martinez v. D'Alessandro Custom Builders & Demolition, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
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