Legal Opinion
Belesi v. Gifford
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 2000PublishedCited by 9 opinions
1Opinion of the Court
—In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Queens County (Lonschein, J.), dated March 18, 1999, which granted the defendants’ motion to vacate a judgment of the same court entered October 13, 1998, upon their failure to answer the complaint.
Ordered that the order is affirmed, with costs.
A party attempting to vacate a judgment entered on default must establish both a reasonable excuse for the default and a meritorious defense (see, Putney v Pearlman, 203 AD2d 333). A court may, in its discretion, accept a…
2Cases cited3 opinions
- Roussodimou v. ZafiriadisAppellate Division of the Supreme Court of the State of New York · 1997
- Putney v. PearlmanAppellate Division of the Supreme Court of the State of New York · 1994
- St. Paul Fire & Marine Insurance v. HMCC AssociatesAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by9 opinions
- Burns v. CasaleAppellate Division of the Supreme Court of the State of New York · 2000
- J. P. Equipment Rental & Materials L. L. C. v. Fidelity & Guaranty InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
- Muir v. ColemanAppellate Division of the Supreme Court of the State of New York · 2012
- Statewide Insurance v. BradhamAppellate Division of the Supreme Court of the State of New York · 2003
- Cross v. LeeAppellate Division of the Supreme Court of the State of New York · 2026
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