Legal Opinion
Estate of Taylor v. Moreno
Appellate Division of the Supreme Court of the State of New York
Decided May 3, 2002Published
1Opinion of the Court
—Appeal from an order of Supreme *822Court, Erie County (Doyle, J.), entered March 2, 2001, which granted defendant’s motion to vacate a default judgment.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum: Supreme Court did not abuse its discretion in granting the motion of defendant to vacate a default judgment entered against her as a consequence of her failure to answer the complaint (see Smith v Smith, 291 AD2d 828; Steinbarth v Otis El. Co., 244 AD2d 930). Defendant demonstrated both a reasonable excuse for the default…
2Cases cited5 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- FID. & DEPOSIT CO. OF MARYLAND v. Arthur Andersen & Co.New York Court of Appeals · 1983
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 2002
- Steve Marchionda & Associates, Inc. v. Maximum Express Delivery, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Steinbarth v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1997