Legal Opinion

Kitts v. Blossom North, LLC

Appellate Division of the Supreme Court of the State of New York

Decided February 11, 2010No. Appeal No. 2Published

1Opinion of the Court

Appeal from an order of the Supreme Court, Monroe County (John J. Ark, J.), entered March 23, 2009. The order granted the motion of defendant and vacated two default judgments entered against it.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff appeals from an order that granted the motion of defendant seeking to vacate two default judgments entered against it as a consequence of its failure to answer the complaint. Contrary to plaintiffs contentions, defendant “establish[ed] both a reasonable excuse for the defaults] and the…

2Cases cited4 opinions

  1. Mayville v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  2. Bilodeau-Redeye v. Preferred Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
  3. Genesee Management, Inc. v. BarretteAppellate Division of the Supreme Court of the State of New York · 2004
  4. Markson v. CourtneyAppellate Division of the Supreme Court of the State of New York · 1990

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