Legal Opinion

Gelfman v. Erdheim

Appellate Division of the Supreme Court of the State of New York

Decided October 27, 1994Published

1Opinion of the Court

— Order, Supreme Court, New York County (Harold Tompkins, J.), entered April 14, 1993, which, inter alia, denied defendant’s motion to vacate a default judgment entered against him on March 4, 1993, unanimously affirmed, with costs.

The court did not abuse its discretion in refusing to vacate the default since defendant failed to establish a meritorious *465defense (see, United Indus. Corp. v Shreiber, 51 AD2d 688, 689, lv dismissed 39 NY2d 1015, cert denied 429 US 1023). The promissory note, drafted by defendant, was not usurious (General Obligations Law § 5-501), does not refer to any extrinsic…

2Cases cited4 opinions

  1. People v. StephensNew York Court of Appeals · 1988
  2. United Industrial Corp. v. ShreiberAppellate Division of the Supreme Court of the State of New York · 1976
  3. Hackensack Cars, Inc. v. BeverlyAppellate Division of the Supreme Court of the State of New York · 1988
  4. United Industrial Corp. v. ShreiberNew York Court of Appeals · 1976

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