Legal Opinion

Barry v. Porete Realty Corp.

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

Decided September 26, 1994Published

1Opinion of the Court

—In an action to recover damages for personal injuries, the defendant Porete Realty Corp. appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), entered February 24, 1993, which denied its motion to vacate a judgment of the same court, entered November 2, 1992, upon its default in answering.

Ordered that the order is affirmed, with costs.

We find that the Supreme Court did not improvidently exercise its discretion in refusing to vacate the default judgment entered against the appellant. The appellant failed to establish both a reasonable excuse for the default and a…

2Cases cited5 opinions

  1. Putney v. PearlmanAppellate Division of the Supreme Court of the State of New York · 1994
  2. Fennell v. MasonAppellate Division of the Supreme Court of the State of New York · 1994
  3. De Vito v. Marine Midland Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984
  4. Schiavetta v. McKeonAppellate Division of the Supreme Court of the State of New York · 1993
  5. Gangi v. SchiffgensAppellate Division of the Supreme Court of the State of New York · 1982

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