Legal Opinion

In re the Estate of Shapiro

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

Decided February 21, 2006PublishedCited by 3 opinions

1Opinion of the Court

In a proceeding, inter alia, pursuant to SCPA 2110 to fix awards of attorney’s fees, Martin Shapiro appeals from an order of the Surrogate’s Court, Nassau County (Riordan, S.), dated September 15, 2004, which denied his motion to vacate his default in appearing.

Ordered that the order is affirmed, with costs.

To vacate a default, a movant must establish both a reasonable excuse and a meritorious claim or defense (see Security Pac. Natl. Trust Co. v Adams, 276 AD2d 688 [2000]; Exeter Holding v Morway Bldrs. & Devs., 270 AD2d 451 [2000]; Neuman v Greenblatt, 260 AD2d 616 [1999]). The appellant…

2Cases cited3 opinions

  1. Neuman v. GreenblattAppellate Division of the Supreme Court of the State of New York · 1999
  2. Exeter Holding, Ltd. v. Morway Builders & Developers, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  3. Security Pacific National Trust Co. v. AdamsAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by3 opinions

  1. In re Oneil D.Appellate Division of the Supreme Court of the State of New York · 2006
  2. In re Terrance B.Appellate Division of the Supreme Court of the State of New York · 2007
  3. In re the Estate of BuscemiAppellate Division of the Supreme Court of the State of New York · 2006

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