Legal Opinion

Gilhuley v. St. Matthew's Community A.M.E. Church of Hollis, Inc.

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

Decided December 29, 1988PublishedCited by 1 opinion

1Opinion of the Court

— In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Santucci, J.), dated March 25, 1988, which granted the motion of the defendant John Douvas pursuant to CPLR 5015 (a) (1) to be relieved of his default in answering the complaint.

Ordered that the order is affirmed, with costs to the respondent.

A defendant seeking to be relieved of a default pursuant to CPLR 5015 (a) (1) must show a reasonable excuse for the default and the meritorious nature of his defense (see, Flower v Maryliz Food & Drink Corp., 129…

2Cases cited6 opinions

  1. Passalacqua v. BanatAppellate Division of the Supreme Court of the State of New York · 1984
  2. Murphy v. D. V. Waste Control Corp.Appellate Division of the Supreme Court of the State of New York · 1986
  3. National States Electric Corp. v. Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1984
  4. Flower v. Maryliz Food & Drink Corp.Appellate Division of the Supreme Court of the State of New York · 1987
  5. Abrash v. LavenderAppellate Division of the Supreme Court of the State of New York · 1986

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

3Cited by1 opinion

  1. Plakstis v. CadieuAppellate Division of the Supreme Court of the State of New York · 1989

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API