Legal Opinion

Rottenberg v. Lerner

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

Decided October 7, 1996PublishedCited by 4 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Dowd, J.), dated August 28, 1995, which denied their motion to vacate a judgment entered upon their default in answering.

Ordered that the order is affirmed, without costs or disbursements.

The court did not improvidently deny the defendants’ motion to vacate the default judgment entered against them. The defendants’ contention that they were unable to afford counsel is not a reasonable excuse for their default (Moore v Claudio, 224 AD2d 502; see, People v Scudds, 195…

2Cases cited3 opinions

  1. Moore v. ClaudioAppellate Division of the Supreme Court of the State of New York · 1996
  2. People v. ScuddsAppellate Division of the Supreme Court of the State of New York · 1993
  3. City of New York v. SimmondsAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by4 opinions

  1. Kanat v. OchsnerAppellate Division of the Supreme Court of the State of New York · 2003
  2. In re the Estate of NietoAppellate Division of the Supreme Court of the State of New York · 2010
  3. Molesky v. MoleskyAppellate Division of the Supreme Court of the State of New York · 1998
  4. O'Donnell v. FrangakisAppellate Division of the Supreme Court of the State of New York · 2010

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