Legal Opinion
Manigat v. Louis
Appellate Division of the Supreme Court of the State of New York
Decided June 1, 1999PublishedCited by 9 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 (Vaughan, J.), dated November 5, 1998, which denied their motion to vacate a judgment of the same court, dated April 16, 1998, entered upon their default in answering.
Ordered that the order is affirmed, with costs.
A defendant seeking to vacate a judgment entered upon his or her default in answering a complaint must demonstrate both a reasonable excuse for the default and the existence of a meritorious defense (see, Gurreri v Village of Briarcliff Manor, 249 AD2d 508;…
2Cases cited4 opinions
- Juarez v. Wavecrest Management Team Ltd.New York Court of Appeals · 1996
- MacMarty, Inc. v. SchellerAppellate Division of the Supreme Court of the State of New York · 1994
- Gurreri v. Village of Briarcliff ManorAppellate Division of the Supreme Court of the State of New York · 1998
- Cheng v. Leader Jewelry Corp.Appellate Division of the Supreme Court of the State of New York · 1998
3Cited by9 opinions
- U.S. Bank National Ass'n v. LosnerAppellate Division of the Supreme Court of the State of New York · 2016
- Hudson City Savings Bank v. CohenAppellate Division of the Supreme Court of the State of New York · 2014
- Phillips, Nizer, Benjamin, Krim & Ballon v. MatteoAppellate Division of the Supreme Court of the State of New York · 2000
- Mount Sinai Hospital of Queens v. Hertz Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Bergdoll v. PentecosteAppellate Division of the Supreme Court of the State of New York · 2005
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