Legal Opinion
Miles v. Blue Label Trucking, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 7, 1996PublishedCited by 48 opinions
1Opinion of the Court
—In an ac*383tion to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (Le-Vine, J.), dated September 9, 1995, which granted the motion of the defendant Blue Label Trucking, Inc., to vacate its default in answering.
Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Blue Label Trucking, Inc., is denied.
A court may excuse a default in answering upon a showing of a meritorious defense and a justifiable excuse for the default (see, CPLR 5015 [a] [1]; Korea Exch. Bank v Attilio, 186 AD2d 634). Also,…
2Cases cited2 opinions
- Peters v. PickardAppellate Division of the Supreme Court of the State of New York · 1988
- Korea Exchange Bank v. AttilioAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by48 opinions
- Juseinoski v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
- Fekete v. Camp SkwereAppellate Division of the Supreme Court of the State of New York · 2005
- Ennis v. LemaAppellate Division of the Supreme Court of the State of New York · 2003
- Lemberger v. Congregation Yetev Lev D'Satmar, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Weekes v. KarayianakisAppellate Division of the Supreme Court of the State of New York · 2003
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