Legal Opinion

Color Wheel, Inc. v. Interstate Printing Co.

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

Decided March 1, 2001PublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme *162Court, New York County (Robert Lippmann, J.), entered June 14, 2000, which granted defendant’s motion to vacate a default judgment in the amount of $116,405.31, unanimously reversed, on the law, without costs, the motion denied and the judgment and restraining order reinstated.

In order to vacate the default judgment, defendant needed to establish both a reasonable excuse and a meritorious defense (see, Goncalves v Stuyvesant Dev. Assocs., 232 AD2d 275; Dimitratos v City of New York, 180 AD2d 414). It succeeded in the former, but failed as to the latter. Defendant’s contention,…

2Cases cited3 opinions

  1. Goncalves v. Stuyvesant Development AssociatesAppellate Division of the Supreme Court of the State of New York · 1996
  2. Dimitratos v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
  3. 518 East 80th Street Co. v. SmithAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by1 opinion

  1. Amerasian International Enterprises, Ltd. v. Health Care Concepts, Inc.Appellate Division of the Supreme Court of the State of New York · 2003

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