Mena v. Choon-Ket Kong
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for, inter alia, personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Held, J.), dated February 25, 1998, which denied their motion to vacate *576an order of the same court, dated December 10, 1997, made upon their default in answering.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the order dated December 10, 1997, is vacated.
A court may excuse a default in answering upon a showing of a meritorious defense and a justifiable excuse for the default (see, CPLR 5015 [a] [1]; Fox v Bicanic,…
2Cases cited2 opinions
- Murphy v. D. V. Waste Control Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Fox v. BicanicAppellate Division of the Supreme Court of the State of New York · 1990
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