Legal Opinion

Facsimile Communications Industries, Inc. v. NYU Hospital Center

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

Decided April 27, 2006PublishedCited by 8 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered April 15, 2005, which denied defendant’s motion to vacate the default judgment entered against it, unanimously affirmed, without costs.

To obtain relief from the default judgment entered against it, defendant was required to demonstrate both a reasonable excuse for the default and a meritorious defense to the action (John v City of New York, 260 AD2d 187, 188 [1999]). With regard to its purported excuse for its default, defendant failed on several occasions to respond to the action or communicate with plaintiffs counsel,…

2Cases cited2 opinions

  1. Peacock v. KalikowAppellate Division of the Supreme Court of the State of New York · 1997
  2. John v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by8 opinions

  1. Bobet v. Rockefeller Center, North, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Ap X-Power Media, Inc. v. Ocean Bridge, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Lockard v. SopolskyAppellate Division of the Supreme Court of the State of New York · 2011
  4. Chase Bank USA, N.A. v. CastelliAppellate Terms of the Supreme Court of New York · 2018
  5. Koutrakos v. Vernon Sutton RealtyAppellate Division of the Supreme Court of the State of New York · 2007

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