Legal Opinion

Leibowitz v. Obsessively Clean II, Inc.

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

Decided January 31, 2000Published

1Opinion of the Court

—In an action, inter alla, pursuant to Business Corporation Law § 626 to recover damages for the waste of corporate assets, the plaintiff appeals from an order of the Supreme Court, Rockland County (Bergerman, J.), dated January 4, 1999, which denied his motion to vacate a judgment of the same court, dated March 16, 1998, entered upon his default in appearing at a court-ordered conference and complying with discovery requests.

Ordered that the order is affirmed, with costs.

It is well settled that a party attempting to vacate a judgment entered upon his default must establish both a reasonable…

2Cases cited2 opinions

  1. Putney v. PearlmanAppellate Division of the Supreme Court of the State of New York · 1994
  2. Spodek v. FeibuschAppellate Division of the Supreme Court of the State of New York · 1999

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