Legal Opinion
Poincy v. White Bus Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 26, 2000PublishedCited by 6 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendants White Bus Company, Inc., and Donald L. Brower appeal from an order of the Supreme Court, Kings County (Barasch, J.), dated February 10, 2000, which denied their motion to vacate their default in opposing the plaintiffs’ motion pursuant to CPLR 3126 to strike their answer.
Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the answer is reinstated.
It is well settled that a defendant attempting to vacate a default must establish a reasonable excuse for the default, a…
2Cases cited3 opinions
- Putney v. PearlmanAppellate Division of the Supreme Court of the State of New York · 1994
- Albin v. First Nationwide Network Mortgage Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Morgese v. Laro Maintenance Corp.Appellate Division of the Supreme Court of the State of New York · 1998
3Cited by6 opinions
- Henry v. KuvekeAppellate Division of the Supreme Court of the State of New York · 2004
- Juarbe v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Jackson-Cutler v. LongAppellate Division of the Supreme Court of the State of New York · 2003
- Grezinsky v. Mount Hebron CemeteryAppellate Division of the Supreme Court of the State of New York · 2003
- Eastern Resource Service, Inc. v. Mountbatten Surety Co.Appellate Division of the Supreme Court of the State of New York · 2001
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