Legal Opinion

NYCTL 1997-1 Trust v. Vila

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

Decided June 6, 2005PublishedCited by 5 opinions

1Opinion of the Court

In an action to foreclose a tax lien, the defendant Moisés A. Vila appeals from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated March 27, 2003, which denied his motion to vacate a judgment of the same court dated May 30, 2001, entered upon his default in answering or appearing.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

A defendant seeking to vacate a default must demonstrate both a reasonable excuse for the default and the existence of a meritorious defense (see Quis v Bolden, 298…

2Cases cited6 opinions

  1. New York State Urban Development Corp. v. Marcus Garvey Brownstone Houses, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
  2. Weber v. JacobsAppellate Division of the Supreme Court of the State of New York · 2001
  3. Rotundo v. S & C Magnetic Resonance Imaging P. C.Appellate Division of the Supreme Court of the State of New York · 1998
  4. Quis v. BoldenAppellate Division of the Supreme Court of the State of New York · 2002
  5. Riverhead Savings Bank v. GaroneAppellate Division of the Supreme Court of the State of New York · 1992

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Grossman v. Amalgamated Warbasse Houses, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  2. ANDERSON, JR., ROBERT A. v. NIAGARA FALLS CITY SCHOOL DISTRICTAppellate Division of the Supreme Court of the State of New York · 2015
  3. Anderson v. Niagara Falls City School DistrictAppellate Division of the Supreme Court of the State of New York · 2015
  4. Anderson v. Niagara Falls City School DistrictAppellate Division of the Supreme Court of the State of New York · 2015
  5. In re the Foreclosure of Tax LiensAppellate Division of the Supreme Court of the State of New York · 2006

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