Legal Opinion
Burks v. Weiss
Appellate Division of the Supreme Court of the State of New York
Decided February 16, 1988PublishedCited by 6 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Underwood, J.), entered March 19, 1987, which granted the defendant’s motion to vacate a default judgment.
Ordered that the order is reversed, with costs, and the motion is denied.
The Supreme Court’s granting of the motion to vacate the default judgment was an improvident exercise of discretion. The defendant sought to excuse his approximately 10-month delay in answering by asserting that he was mentally impaired and did not understand the significance…
2Cases cited2 opinions
- Kirkman/3hree, Inc. v. Priority AMC/Jeep, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Chochla v. Oak Beach Inn Corp.Appellate Division of the Supreme Court of the State of New York · 1985
3Cited by6 opinions
- Neuman v. GreenblattAppellate Division of the Supreme Court of the State of New York · 1999
- Smith v. FritzAppellate Division of the Supreme Court of the State of New York · 1989
- Tortorello v. TortorelloAppellate Division of the Supreme Court of the State of New York · 1990
- Zolov v. DonovanAppellate Division of the Supreme Court of the State of New York · 1988
- Premium Channels Publishing Co. v. Rolls-Royce Motors, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
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