Legal Opinion
Dimitratos v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 1992PublishedCited by 13 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered January 9, 1991, which denied defendant’s motion for an order vacating plaintiffs’ note of issue for an assessment of damages, denominated a "note of inquest” or, in the alternative, resettling an order of the same court, entered January 19, 1990, conditionally dismissing defendant’s answer, unanimously affirmed, without costs.
While disposition on the merits is favored, this preference does not justify vacating a default judgment where the moving party fails to satisfy the two-prong burden of showing a meritorious defense and…
2Cases cited3 opinions
- Eisenstein v. RoseAppellate Division of the Supreme Court of the State of New York · 1987
- Thelma Sanders & Associates, Inc. v. Hague Development Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Simmons v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by13 opinions
- Kanat v. OchsnerAppellate Division of the Supreme Court of the State of New York · 2003
- Waite v. WhalenAppellate Division of the Supreme Court of the State of New York · 1995
- Goncalves v. Stuyvesant Development AssociatesAppellate Division of the Supreme Court of the State of New York · 1996
- Arias v. SanchezAppellate Division of the Supreme Court of the State of New York · 1996
- OCE Business Systems, Inc. v. J.I. Sopher & Co.Appellate Division of the Supreme Court of the State of New York · 1992
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