Abrams v. Abrams
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order of the Supreme Court, New York County, entered July 22, 1976, denying defendant’s motion to vacate the default judgment entered on May 20, 1976 and for leave to interpose a proposed answer, unanimously affirmed, without costs and without disbursements. Although as a rule the courts favor the determination of controversies on the merits, it is an established rule that before a default judgment is vacated pursuant to CPLR 5015 (subd [a], par 1) there must be a showing that the default was excusable, and "the moving party must present an affidavit * * * that discloses a meritorious claim…
2Cases cited6 opinions
- Fitzgerald Manufacturing Co. v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1922
- Benadon v. AntonioAppellate Division of the Supreme Court of the State of New York · 1960
- In re the Estate of MillerNew York Surrogate's Court · 1937
- Benadon v. AntonioAppellate Division of the Supreme Court of the State of New York · 1960
- Levine v. Fal-Bar Argentinian Corner Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 1962
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3Cited by6 opinions
- Eisenstein v. RoseAppellate Division of the Supreme Court of the State of New York · 1987
- Mondrone v. Lakeview Auto Sales & Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Morrissey v. Sostar, S. A.Appellate Division of the Supreme Court of the State of New York · 1978
- Cherney v. De RosaAppellate Division of the Supreme Court of the State of New York · 1978
- Dayton Towers Corp. v. KatzAppellate Division of the Supreme Court of the State of New York · 1994
1 more not listed; retrieve them via the Exa API.