Legal Opinion
Moriano v. Provident New York Bancorp
Appellate Division of the Supreme Court of the State of New York
Decided March 9, 2010PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover damages for breach of a lease, the defendant appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated September 8, 2009, which, in effect, denied its motion, inter alia, to compel the plaintiff to accept its late answer.
Ordered that the order is affirmed, with costs.
“A defendant who has failed to timely appear or answer the complaint must provide a reasonable excuse for the default and demonstrate a meritorious defense to the action, when opposing a motion for leave to enter judgment upon its failure to appear or answer and moving to extend the…
2Cases cited4 opinions
- Juseinoski v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
- Lipp v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 2006
- Baldwin v. MateogarciaAppellate Division of the Supreme Court of the State of New York · 2008
- Cortlandt Healthcare, LLC v. GanttAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by5 opinions
- Maspeth Federal Savings & Loan Ass'n v. McGownAppellate Division of the Supreme Court of the State of New York · 2010
- Maspeth Federal Savings & Loan Ass'n v. McGowanAppellate Division of the Supreme Court of the State of New York · 2010
- First Republic Bank v. SalanderAppellate Division of the Supreme Court of the State of New York · 2015
- Beneficial Homeowner Service Corp. v. CharlesAppellate Division of the Supreme Court of the State of New York · 2012
- Jormar Construction Co. v. TinawiCivil Court of the City of New York · 2010