Ogman v. Mastrantonio Catering, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*853In support of their motion for leave to enter a judgment on the issue of liability against the defendant upon its failure to appear or answer, the plaintiffs submitted their process server’s affidavit of service, an affidavit of merit, and their attorney’s affirmation regarding the defendant’s default (see CPLR 3215 [f]).
To successfully oppose the plaintiffs’ motion and in support of its cross motion to compel the plaintiffs to accept the late answer, the defendant was required to demonstrate a justifiable excuse for its default and the existence of a potentially meritorious defense to the…
2Cases cited13 opinions
- Slavenburg Corp. v. Opus Apparel, Inc.New York Court of Appeals · 1981
- Kouzios v. DeryAppellate Division of the Supreme Court of the State of New York · 2008
- Pampalone v. Giant Building Maintenance, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Robinson v. 1068 Flatbush Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Baldwin v. MateogarciaAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by8 opinions
- Karalis v. New Dimensions HR, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Kolonkowski v. Daily News, L.P.Appellate Division of the Supreme Court of the State of New York · 2012
- Swedbank, AB v. Hale Avenue Borrower, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- King v. KingAppellate Division of the Supreme Court of the State of New York · 2012
- Karalis v. New Dimensions HR, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
3 more not listed; retrieve them via the Exa API.