Legal Opinion
Shouse v. Lyons
Appellate Division of the Supreme Court of the State of New York
Decided October 1, 1999No. Appeal No. 1PublishedCited by 12 opinions
1Opinion of the Court
—Order *902unanimously affirmed with costs. Memorandum: We reject defendants’ contention that Supreme Court improvidently exercised its discretion in denying the motion to vacate the default judgment. “It is well settled that on a motion to vacate a default pursuant to CPLR 5015 (a), a defendant must demonstrate a reasonable excuse for the default and a meritorious defense” (Kolajo v City of New York, 248 AD2d 512). Defendants and their attorney failed to appear for the trial date as a result of a calendaring error, but the motion to vacate the judgment was not made for seven months. The…
2Cases cited4 opinions
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1979
- Empire Insurance v. Food City, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Kolajo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Frenchy's Bar & Grill v. United International InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by12 opinions
- Gagen v. Kipany Productions, Ltd.Appellate Division of the Supreme Court of the State of New York · 2001
- Shouse v. LyonsAppellate Division of the Supreme Court of the State of New York · 2004
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 2002
- Armele v. Moose International, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- In re Jefferson CountyAppellate Division of the Supreme Court of the State of New York · 2002
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