Legal Opinion
Correa v. Ahn
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 1994PublishedCited by 10 opinions
1Opinion of the Court
In an action to recover damages due to personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County (Huttner, J.), dated August 25, 1992, which denied their motion to vacate a judgment of the same court dated August 3, 1992, entered upon their default.
Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
CPLR 2005 was not intended to routinely excuse defaults due to law office failures (see, American Sigol Corp. v Zicherman, 166 AD2d 628). To excuse a default, a party must show both a…
2Cases cited2 opinions
- American Sigol Corp. v. ZichermanAppellate Division of the Supreme Court of the State of New York · 1990
- Korea Exchange Bank v. AttilioAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by10 opinions
- Eretz Funding, Ltd. v. Shalosh AssociatesAppellate Division of the Supreme Court of the State of New York · 1999
- Peterson v. Scandurra Trucking Co.Appellate Division of the Supreme Court of the State of New York · 1996
- Weitzenberg v. Nassau County Department of Recreation & ParksAppellate Division of the Supreme Court of the State of New York · 2001
- Chiarello v. AlessandroAppellate Division of the Supreme Court of the State of New York · 2007
- Rosado v. Economy Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1997
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