Legal Opinion
Muir v. Coleman
Appellate Division of the Supreme Court of the State of New York
Decided August 8, 2012PublishedCited by 3 opinions
1Opinion of the Court
— In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated November 18, 2011, which granted the defendant’s motion pursuant to CELR 5015 to vacate his default in failing to comply with certain court orders.
Ordered that the order is affirmed, without costs or disbursements.
*570To vacate his default, the defendant was required to demonstrate a reasonable excuse for the default and a potentially meritorious defense (see Infante v Breslin Realty Dev. Corp., 95 AD3d 1075 [2012]; Swensen v MV…
2Cases cited8 opinions
- Gironda v. KatzenAppellate Division of the Supreme Court of the State of New York · 2005
- Bazoyah v. HerschitzAppellate Division of the Supreme Court of the State of New York · 2010
- Infante v. Breslin Realty Development Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Goldstein v. Meadows Redevelopment Co Owners Corp. IAppellate Division of the Supreme Court of the State of New York · 2007
- Swensen v. MV Transportation, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
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3Cited by3 opinions
- Cross v. LeeAppellate Division of the Supreme Court of the State of New York · 2026
- Sarcona v. J & J Air Container Station, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Sarcona v. J & J Air Container Station, Inc.Appellate Division of the Supreme Court of the State of New York · 2013