Legal Opinion
Gannon v. Johnson Scale Co.
Appellate Division of the Supreme Court of the State of New York
Decided January 28, 1993PublishedCited by 29 opinions
1Opinion of the CourtMikoll, J.
Appeal from an order of the Supreme Court (Connor, J.), entered December 9, 1991 in Columbia County, which denied defendant’s motion to vacate or resettle a prior order and judgment of the court.
We agree with plaintiff’s argument that Supreme Court did not abuse its discretion in denying defendant’s CPLR 5015 motion to vacate and/or resettle the judgment entered after defendant’s default in appearing for trial and an inquest as to damages. Defendant has failed to demonstrate that it had a reasonable excuse for its default. Supreme Court properly found defendant’s excuse, that local counsel it…
2Cases cited4 opinions
- McKenna v. County of NassauNew York Court of Appeals · 1984
- Chery v. AnthonyAppellate Division of the Supreme Court of the State of New York · 1989
- Vierya v. Briggs & Stratton Corp.Appellate Division of the Supreme Court of the State of New York · 1990
- Wilcox v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by29 opinions
- Roussodimou v. ZafiriadisAppellate Division of the Supreme Court of the State of New York · 1997
- Santiago v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2004
- Gironda v. KatzenAppellate Division of the Supreme Court of the State of New York · 2005
- Kolajo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Wynne v. WagnerAppellate Division of the Supreme Court of the State of New York · 1999
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