Low Surgical & Medical Supply, Inc. v. McAfee
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Queens County (Polizzi, J), dated July 19, 2004, which granted the defendants’ motion to vacate an order of the same court dated October 9, 2003, granting the plaintiffs’ motion for leave to enter a default judgment upon the defendants’ failure to appear or answer.
Ordered that the order is affirmed, with costs.
To vacate their default, the defendants were required to demonstrate a reasonable excuse for the default and the existence of a meritorious defense (see CPLR…
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- Knight v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
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