Legal Opinion

Koutrakos v. Vernon Sutton Realty

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

Decided May 15, 2007Published

1Opinion of the Court

Order, Supreme Court, New York County (Richard F. Braun, J.), entered January 4, 2006, which denied the corporate defendant’s motion to vacate an order providing for an assessment of damages, unanimously affirmed, without costs.

The motion court providently exercised its discretion in declining to vacate the corporate defendant’s default on plaintiffs motion for a default judgment since said defendant failed to set forth either a reasonable excuse or a meritorious defense (see Estrella v Herrera, 23 AD3d 320 [2005]). Although it is undisputed that the motion was served on defendant at *356several…

2Cases cited6 opinions

  1. Crespo v. A.D.A. ManagementAppellate Division of the Supreme Court of the State of New York · 2002
  2. Figueroa v. LunaAppellate Division of the Supreme Court of the State of New York · 2001
  3. Facsimile Communications Industries, Inc. v. NYU Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2006
  4. Raiola v. 1944 Holding Ltd.Appellate Division of the Supreme Court of the State of New York · 2003
  5. KPG Inc. v. Salinas Group Ltd.Appellate Division of the Supreme Court of the State of New York · 2004

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