Legal Opinion
McKay v. Longman
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1993PublishedCited by 6 opinions
1Opinion of the CourtCasey, J.
Appeal from an order of the Supreme Court (Harris, J.), entered January 20, 1993 in Albany County, which, inter alia, granted defendant Stuart Longman’s motion to vacate a default judgment entered against him.
Supreme Court did not abuse its discretion in granting a motion by defendant Stuart Longman (hereinafter defendant) to vacate the default judgment entered by plaintiffs. As the moving party, defendant was required to demonstrate both a reasonable excuse for the default and a meritorious defense (see, e.g., General Elec. Tech. Servs. Co. v Perez, 156 AD2d 781, 783). Defense counsel…
2Cases cited2 opinions
- General Electric Technical Services Co. v. PerezAppellate Division of the Supreme Court of the State of New York · 1989
- Magie v. FremonAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by6 opinions
- Waite v. WhalenAppellate Division of the Supreme Court of the State of New York · 1995
- Pekarek v. VotawAppellate Division of the Supreme Court of the State of New York · 1995
- Becker v. University Physicians of Brooklyn, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Martin v. PitcherAppellate Division of the Supreme Court of the State of New York · 1997
- Harris v. Michael Gangi Plumbing & Heating Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
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