Legal Opinion
Armin A. Meizlik Co. v. L&K Jewelry Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 2009PublishedCited by 5 opinions
1Opinion of the Court
*531The May 23 order granting plaintiffs CPLR 3126 motion was one entered on default within the meaning of CPLR 5511 and is nonappealable (see Fox v T.B.S.D., Inc, 278 AD2d 612, 613-614 [2000], lv denied 96 NY2d 716 [2001]; Benitez v Olson, 29 AD3d 503 [2006]; see also Figiel v Met Food, 48 AD3d 330 [2008]).
Defendants’ motion to vacate the May 23 order sufficiently showed a meritorious defense, namely, that the diamonds sold or consigned to defendants had been stolen, and a reasonable excuse for the failure to prepare timely written opposition to the CPLR 3126 motion, namely, that the individual…
2Cases cited3 opinions
- Figiel v. Met FoodAppellate Division of the Supreme Court of the State of New York · 2008
- Grabow v. Blue Eyes, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Benitez v. OlsonAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by5 opinions
- M & C Brothers v. TorumAppellate Division of the Supreme Court of the State of New York · 2010
- Kamen v. WeithornAppellate Division of the Supreme Court of the State of New York · 2011
- Mejia v. RamosAppellate Division of the Supreme Court of the State of New York · 2014
- Mejia v. RamosAppellate Division of the Supreme Court of the State of New York · 2014
- Mr. Ho Charter Service, Inc. v. HoAppellate Division of the Supreme Court of the State of New York · 2012