Legal Opinion
Union National Bank v. Davis
Appellate Division of the Supreme Court of the State of New York
Decided February 8, 1979PublishedCited by 8 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court at Special Term, entered March 16, 1978, which granted defendant’s motion to vacate a default judgment. Default judgments are not favored, since the law prefers that issues be disposed of upon the merits (see Ballard v Billings & Spencer Co., 36 AD2d 71, 76). Accordingly, where a default judgment is entered without compliance with the requirements therefor, that judgment is a nullity and must be vacated (Red Creek Nat. Bank v Blue Star Ranch, 58 AD2d 983, 984). CPLR 3215 (subd [e]) provides that the clerk is authorized to enter a default judgment…
2Cases cited3 opinions
- Red Creek National Bank v. Blue Star Ranch, Ltd.Appellate Division of the Supreme Court of the State of New York · 1977
- Ballard v. Billings & Spencer Co.Appellate Division of the Supreme Court of the State of New York · 1971
- Woodstock Lake Ass'n v. Pleasure Crest Corp.Appellate Division of the Supreme Court of the State of New York · 1978
3Cited by8 opinions
- Freccia v. GarulloAppellate Division of the Supreme Court of the State of New York · 1983
- Rosato v. RicciardiAppellate Division of the Supreme Court of the State of New York · 1991
- Woodward v. Eighmie Moving & Storage, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Georgia Pacific Corp. v. BaileyAppellate Division of the Supreme Court of the State of New York · 1980
- Income Property Consultants Inc. v. Lumat Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1982
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