Legal Opinion
Beresford v. Waheed
Appellate Division of the Supreme Court of the State of New York
Decided November 5, 2001PublishedCited by 4 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (I. Aronin, J.), dated Hay 31, 2001, which, upon reargument, inter alia, granted the plaintiff’s motion for leave to enter a judgment upon his failure to appear or answer.
Ordered that the order is affirmed, with costs.
It is well settled that a defendant seeking to successfully oppose a motion for leave to enter a judgment upon the failure to serve an answer must demonstrate a reasonable excuse for his delay and the existence of a meritorious defense (see, Gurreri v…
2Cases cited6 opinions
- Miles v. Blue Label Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Gurreri v. Village of Briarcliff ManorAppellate Division of the Supreme Court of the State of New York · 1998
- Peters v. PickardAppellate Division of the Supreme Court of the State of New York · 1988
- Martyn v. JonesAppellate Division of the Supreme Court of the State of New York · 1990
- Jeremic v. TongAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by4 opinions
- Abbas v. ColeAppellate Division of the Supreme Court of the State of New York · 2007
- Yonkers Rib House, Inc. v. 1789 Central Park Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Beresford v. WaheedAppellate Division of the Supreme Court of the State of New York · 2003
- Blake v. Ponce-DeLeonAppellate Division of the Supreme Court of the State of New York · 2005