Legal Opinion

Catanzaro v. Wallenstein

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

Decided May 3, 2004PublishedCited by 2 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated January 6, 2003, which denied her motion to vacate an order of the same court dated September 10, 2002, granting the defendant’s motion to dismiss the complaint, upon her default in opposing the motion.

Ordered that the order is affirmed, without costs or disbursements.

A plaintiff attempting to vacate a default in opposing a motion to dismiss the complaint must demonstrate both a reasonable excuse for the default and a meritorious…

2Cases cited2 opinions

  1. Katsnelson v. ELRAC, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  2. Vaval v. MaloneAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by2 opinions

  1. Grippi v. Balkan Sewer & Water Main ServiceAppellate Division of the Supreme Court of the State of New York · 2009
  2. Flexro, Ltd. v. KornAppellate Division of the Supreme Court of the State of New York · 2004

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