Legal Opinion
Brown v. Ryder Truck Rental, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 1991PublishedCited by 11 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant Ryder Truck Rental, Inc., appeals from an order of the Supreme Court, Kings County (Vaccaro, J.), dated June 6, 1989, which granted the plaintiffs’ motion to vacate their default in appearing at a conference, and reinstated their complaint.
Ordered that the order is affirmed, with costs.
It is within the discretion of the trial court "in the interests of justice to excuse delay or default resulting from law office failure” (CPLR 2005). A court will vacate such a default upon a showing of a meritorious cause of action, a…
2Cases cited2 opinions
- FID. & DEPOSIT CO. OF MARYLAND v. Arthur Andersen & Co.New York Court of Appeals · 1983
- Goldstein Affiliates, Inc. v. Len Art Knitting Corp.Appellate Division of the Supreme Court of the State of New York · 1980
3Cited by11 opinions
- Perez v. Astoria General Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Van Kleeck v. Horton Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1998
- McNeil v. MilsteinAppellate Division of the Supreme Court of the State of New York · 1997
- Arthur v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1997
- Nine Bros. Construction Co. v. GordonAppellate Division of the Supreme Court of the State of New York · 1994
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