Legal Opinion

Grasso v. Tortorello

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

Decided April 1, 2008PublishedCited by 1 opinion

1Opinion of the Court

In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Westchester County (Friedman, J.H.O.), dated April 27, 2007, which denied his motion to vacate a judgment dated June 1, 2006, and entered upon his failure to appear on the scheduled trial date, in favor of the plaintiff and against him in the principal sum of $61,060.

*635Ordered that the order is affirmed, with costs.

To prevail on a motion to vacate a default, a defendant must demonstrate both a reasonable excuse for its default and a meritorious defense (see Hageman v Home Depot…

2Cases cited3 opinions

  1. Hageman v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Zrake v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2005
  3. Ruppell v. Hair Plus Beauty, Inc.Appellate Division of the Supreme Court of the State of New York · 2001

3Cited by1 opinion

  1. Thomas v. Avalon Gardens Rehabilitation & Health Care CenterAppellate Division of the Supreme Court of the State of New York · 2010

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