Legal Opinion
Coven v. Trust Co. of New Jersey
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 1996PublishedCited by 8 opinions
1Opinion of the Court
We find that the Supreme Court did not improvidently exercise its discretion in granting the respondents’ motion to vacate their default in answering the plaintiff’s recommenced action. The respondents actively litigated the earlier action and promptly moved to vacate their default. They presented a sufficient affidavit of merits and demonstrated a good faith intent to defend the action (see, First Fed. Sav. & Loan Assn. v O’Daly, 201 AD2d 532; Lopez v New York City Tr. Auth., 205 AD2d 504; see also, Siegel, NY Prac, § 427, at 651 [2d ed]). Moreover, the record indicates that the plaintiffs…
2Cases cited4 opinions
- Gabrelian v. GabrelianAppellate Division of the Supreme Court of the State of New York · 1985
- First Federal Savings & Loan Ass'n of Rochester v. O'DalyAppellate Division of the Supreme Court of the State of New York · 1994
- Lopez v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
- ASC Management Corp. v. Utica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by8 opinions
- Chiaffarano v. WinstonAppellate Division of the Supreme Court of the State of New York · 1996
- Eastern Resource Service, Inc. v. Mountbatten Surety Co.Appellate Division of the Supreme Court of the State of New York · 2001
- Reilly v. City of RomeAppellate Division of the Supreme Court of the State of New York · 2014
- St. Charles Hospital & Rehabilitation Center v. Royal Globe InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
- Gissaro v. LessneAppellate Division of the Supreme Court of the State of New York · 2002
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