Legal Opinion
Wilf v. Halpern
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 1996PublishedCited by 6 opinions
1Opinion of the Court
—Judgment, Supreme Court, New York County (Beatrice Shainswit, J.), entered October 30, 1995, awarding plaintiffs damages, and order of the same court and Justice, entered on or about March 20, 1996, which, inter alia, denied defendant’s motion to vacate his default in opposing plaintiffs’ motion for partial summary judgment, unanimously affirmed, with costs.
In order to vacate a default judgment pursuant to CPLR 5015 (a), the movant must establish that the default was excusable and that there is a meritorious defense to the action. The sole excuse for the default proffered by defendant—that…
2Cases cited3 opinions
- Cipriano v. HankAppellate Division of the Supreme Court of the State of New York · 1994
- Tucker v. RogersAppellate Division of the Supreme Court of the State of New York · 1983
- Kent v. Fearless Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
3Cited by6 opinions
- In Re HalpernUnited States Bankruptcy Court, E.D. New York · 1999
- Meredith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- Navarro v. Plus EndopothetikAppellate Division of the Supreme Court of the State of New York · 2013
- Navarro v. Plus EndopothetikAppellate Division of the Supreme Court of the State of New York · 2013
- Pergolis-Schwartz, Inc. v. BiberajAppellate Division of the Supreme Court of the State of New York · 2001
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