Legal Opinion

Betz v. Carbone

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

Decided March 11, 2015No. 2014-04392PublishedCited by 13 opinions

1Opinion of the Court

In an action to recover damages for unjust enrichment and conversion, the defendant appeals from an order of the Supreme Court, Westchester County (Smith, J.), dated April 3, 2014, which denied her motion to vacate a judgment of the same court dated November 18, 2013, entered upon her failure to answer the complaint.

Ordered that the order is affirmed, with costs.

To vacate a judgment entered upon her failure to answer the complaint, the defendant was required to demonstrate a reasonable excuse for her default and a potentially meritorious defense to the action (see CPLR 5015 [a] [1]; Eugene Di…

2Cases cited12 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Roussodimou v. ZafiriadisAppellate Division of the Supreme Court of the State of New York · 1997
  3. Bazoyah v. HerschitzAppellate Division of the Supreme Court of the State of New York · 2010
  4. Heidari v. First Advance Funding Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Maida v. Lessing's Restaurant Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2011

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3Cited by13 opinions

  1. Ki Tae Kim v. BishopAppellate Division of the Supreme Court of the State of New York · 2017
  2. Clarke v. Liberty Mutual Fire Insurance Co.Appellate Division of the Supreme Court of the State of New York · 2017
  3. Wright v. City of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 2016
  4. Vitolo v. SuarezAppellate Division of the Supreme Court of the State of New York · 2015
  5. Delucia v. Mar Lbr. Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2022

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

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