Legal Opinion
Lease Factor, Inc. v. Kemcy Model Agency, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 22, 1994PublishedCited by 6 opinions
1Opinion of the Court
In action to recover, inter alia, money due pursuant to a lease, the defendants appeal from an order of the Supreme Court, Nassau County (Christ, J.), dated September 3, 1991, which denied their motion to vacate their default in opposing the plaintiff’s motion for summary judgment.
Ordered that the order is affirmed, with costs.
In support of a motion to vacate a default pursuant to CPLR 5015 (a) (1), the movant must demonstrate both a valid excuse for his default and a meritorious defense to the underlying action (see, Swanes v Swanes, 123 AD2d 315).
The record does not support the defendants’…
2Cases cited2 opinions
- ConTel Credit Corp. v. Mr. Jay Appliances & TV, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Swanes v. SwanesAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by6 opinions
- Medric Construction, Inc. v. J.W. Mays, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Wadsworth v. SweetAppellate Division of the Supreme Court of the State of New York · 2013
- Ganach v. MilloulAppellate Division of the Supreme Court of the State of New York · 2021
- Moore v. Copiers, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- O'Neal v. Lindsay Park Housing Corp.Appellate Division of the Supreme Court of the State of New York · 1996
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