Legal Opinion
Torres v. Houses "R" Us, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 13, 1992PublishedCited by 8 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Ramirez, J.), dated May 31, 1990, as, upon renewal, granted the defendant’s motion to vacate its default in answering.
Ordered that the order is reversed insofar as appealed from, as an exercise of discretion, with costs, and the defendant’s motion is denied.
In moving to vacate the default judgment entered against it, the defendant was required to show a reasonable excuse for its delay in serving an answer (see, CPLR 5015 [a];…
2Cases cited3 opinions
- Montalvo v. Nel Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Peters v. PickardAppellate Division of the Supreme Court of the State of New York · 1988
- Trapani v. Imlug & Seven Corp.Appellate Division of the Supreme Court of the State of New York · 1988
3Cited by8 opinions
- Fekete v. Camp SkwereAppellate Division of the Supreme Court of the State of New York · 2005
- Cipriano v. HankAppellate Division of the Supreme Court of the State of New York · 1994
- Kyriacopoulos v. Mendon Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Robinson v. 1068 Flatbush Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Eastman Kodak Co. v. Miller & Miller Consulting Actuaries, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
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