Legal Opinion

QRT Associates, Inc. v. Mouzouris

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

Decided May 10, 2007Published

1Opinion of the Court

Order and judgment (one paper), Supreme Court, New York County (Charles E. Ramos, J.), entered October 26, 2006, which, inter alia, denied plaintiffs’ application to vacate their default on defendant United Equities’ motion for summary judgment, and dismissed the complaint, unanimously affirmed, with costs.

A default may not be vacated without demonstrating a reasonable excuse for the failure to respond and a meritorious cause of action (see Kalisch v Maple Trade Fin. Corp., 35 AD3d 291 [2006]). Even assuming that plaintiffs had a reasonable excuse for their default, they did not present an…

2Cases cited2 opinions

  1. Kalisch v. Maple Trade Finance Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Kikenborg v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2002

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