Legal Opinion

Montauk Automatic, Inc. v. Munhall

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

Decided February 28, 1994PublishedCited by 2 opinions

1Opinion of the Court

In an action for an accounting, the plaintiff appeals from an order of the Supreme Court, Nassau County (Lockman, J.), dated March 18, 1992, which denied its motion to vacate a prior order dismissing the complaint pursuant to CPLR 3126.

Ordered that the order is affirmed, without costs or disbursements.

*711The Supreme Court properly exercised its discretion in denying the plaintiffs motion to vacate its default in failing to oppose the defendant’s motion pursuant to CPLR 3126 to strike the complaint. The plaintiff failed to establish a reasonable excuse for its default and produced no affidavit…

2Cases cited2 opinions

  1. Bender & Bodnar v. NankinAppellate Division of the Supreme Court of the State of New York · 1992
  2. Moody v. BurgosAppellate Division of the Supreme Court of the State of New York · 1989

3Cited by2 opinions

  1. Housberg v. CurtinAppellate Division of the Supreme Court of the State of New York · 1994
  2. Reilly v. Syosset HospitalAppellate Division of the Supreme Court of the State of New York · 1996

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