Legal Opinion

Newton v. Nutty Irishman

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

Decided March 13, 2007Published

1Opinion of the Court

In an action, inter alia, to recover damages for assault, the defendant appeals from an order of the Supreme Court, Suffolk County (Pitts, J.), dated April 6, 2006, which granted the plaintiffs motion for leave to enter a default judgment against it upon its failure to answer the complaint.

Ordered that the order is affirmed, with costs.

To successfully oppose the plaintiffs motion for leave to enter a default judgment against it based on its failure to answer, the defendant was required to demonstrate a reasonable excuse for its default and a meritorious defense (see Platinum RX, LLC v Pose,…

2Cases cited2 opinions

  1. Thompson v. Steuben Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2005
  2. Platinum RX, LLC v. PoseAppellate Division of the Supreme Court of the State of New York · 2006

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