Legal Opinion
Provident Life & Casualty Insurance v. Hersko
Appellate Division of the Supreme Court of the State of New York
Decided January 13, 1998PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered on or about July 3,1997, which granted defendant’s motion to vacate a default judgment, unanimously affirmed, with costs.
The motion court properly exercised its discretion in finding that defendant showed a reasonable excuse for the default (see, Hunter v Enquirer/Star, Inc., 210 AD2d 32), and that his affidavit of merit was sufficient (see, Mufalli v Ford Motor Co., 105 AD2d 642, 643). The record indicates issues as to whether defendant did, in fact, fail to provide accurate, material information that he was under a duty…
2Cases cited3 opinions
- L. Smirlock Realty Corp. v. Title Guarantee Co.New York Court of Appeals · 1981
- Mufalli v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 1984
- Hunter v. Enquirer/Star, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
3Cited by5 opinions
- Mediavilla v. GurmanAppellate Division of the Supreme Court of the State of New York · 2000
- Navarro v. A. Trenkman Estate, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Princeton Venture Research, Inc. v. Kaye, Scholer, Fierman, Hays & Handler, L. L. P.Appellate Division of the Supreme Court of the State of New York · 1998
- HSBC Bank USA v. LugoAppellate Division of the Supreme Court of the State of New York · 2015
- HSBC Bank USA v. LugoAppellate Division of the Supreme Court of the State of New York · 2015