Legal Opinion

Gerlin v. J. Homann Trucking

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

Decided March 18, 2003PublishedCited by 3 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Milton Tingling, J.), entered November 20, 2001, which, in an action for personal injuries sustained in a car accident, denied defendants’ motion to vacate a default judgment entered against them upon their failure to appear in the action, unanimously affirmed, without costs.

Defendants fail to offer a reasonable excuse for their long delay in moving to vacate their default, and thus their motion, when finally made, was properly denied regardless of whether they have a meritorious defense (see Crespo v Kynda Cab Corp., 299 AD2d 295 [2002]). Defendants…

2Cases cited2 opinions

  1. Moore v. ClaudioAppellate Division of the Supreme Court of the State of New York · 1996
  2. Crespo v. Kynda Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2002

3Cited by3 opinions

  1. In re the Estate of NietoAppellate Division of the Supreme Court of the State of New York · 2010
  2. Silverman & Weinraub v. GillonAppellate Division of the Supreme Court of the State of New York · 2003
  3. Alba v. PastoressaAppellate Division of the Supreme Court of the State of New York · 2005

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