Legal Opinion
Wynyard v. Antique Co. of New York, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided February 17, 1998PublishedCited by 3 opinions
1Opinion of the Court
Order, Surrogate’s Court, New York County (Eve Preminger, S.), entered September 17, 1996, which denied petitioners’ motion to vacate their default with respect to an order of the same court and Surrogate, entered on about January 5, 1995, granting respondent FIDES’ motion to dismiss the petition as against it on the ground of forum non conveniens, unanimously affirmed, without costs.
The court properly exercised its discretion in denying the motion to vacate the order entered on default since petitioners failed to satisfy their burden of demonstrating a reasonable excuse for the default by…
2Cases cited3 opinions
- Morris v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
- First Nationwide Bank v. GalanoAppellate Division of the Supreme Court of the State of New York · 1996
- Adefioye v. Volunteers of America, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
3Cited by3 opinions
- Solorzano v. Cucinelli FamilyAppellate Division of the Supreme Court of the State of New York · 2003
- Hrynyk v. Glidden Co.Appellate Division of the Supreme Court of the State of New York · 1999
- New York Central Mutual Insurance v. JovineAppellate Division of the Supreme Court of the State of New York · 2003