Legal Opinion

Steve Marchionda & Associates, Inc. v. Maximum Express Delivery, Inc.

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

Decided March 17, 1995PublishedCited by 6 opinions

1Opinion of the Court

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court abused its discretion in denying the motion of defendant Eric J. Taylor insofar as it sought to vacate the default judgment entered against him. The court that rendered a judgment by default may relieve a party from it upon a showing of a reasonable excuse for the delay in appearing and answering the complaint and a meritorious defense to the action (CPLR 5015 [a] [1]; see, Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 NY2d 138, 141; Gray v B. R. Trucking…

2Cases cited5 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Gray v. B. R. Trucking Co.New York Court of Appeals · 1983
  3. Klenk v. KentAppellate Division of the Supreme Court of the State of New York · 1984
  4. Claim of Leeds v. County of WestchesterNew York Court of Appeals · 1984
  5. Voss Dental Lab, Inc. v. Surgitex, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

3Cited by6 opinions

  1. Glendora v. MastrorilliAppellate Terms of the Supreme Court of New York · 2006
  2. Cary v. CiminoAppellate Division of the Supreme Court of the State of New York · 2015
  3. CARY, JEFFREY P. v. CIMINO, MICHAEL A.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Cary v. CiminoAppellate Division of the Supreme Court of the State of New York · 2015
  5. Estate of Taylor v. MorenoAppellate Division of the Supreme Court of the State of New York · 2002

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