Legal Opinion
Arias v. Sanchez
Appellate Division of the Supreme Court of the State of New York
Decided May 21, 1996PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Jerry L. Crispino, J.), entered on or about March 28, 1995, which denied defendant Jesus Sanchez’ motion to vacate a default judgment entered against him, is unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the default is vacated on the condition that defendant New York City Health and Hospitals Corporation ("HHC”) pay $3,000 to plaintiff.
In order to vacate a default judgment, the moving party must demonstrate a meritorious defense to the underlying action and a reasonable excuse for the delay (see, Smith v…
2Cases cited7 opinions
- Spatz v. BajramoskiAppellate Division of the Supreme Court of the State of New York · 1995
- Gulledge v. AdamsAppellate Division of the Supreme Court of the State of New York · 1985
- Cappel v. RKO Stanley Warner Theaters, Inc.Appellate Division of the Supreme Court of the State of New York · 1978
- Dimitratos v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
- Smith v. Daca Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
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3Cited by5 opinions
- Achampong v. WeigeltAppellate Division of the Supreme Court of the State of New York · 1997
- Threatt v. Seton Health System, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Baldini v. New York City Employees Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1998
- Chemical Bank v. FazelAppellate Division of the Supreme Court of the State of New York · 1997
- Laracuente v. Batia Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2008