Legal Opinion
Amendolare v. Piontkowski
Appellate Division of the Supreme Court of the State of New York
Decided March 3, 1986PublishedCited by 4 opinions
1Opinion of the Court
In a medical malpractice action, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Orgera, J.), dated June 10, 1984, which denied his motion to vacate an order of the same court (Underwood, J.), dated April 3, 1984, which dismissed his complaint.
Order affirmed, without costs or disbursements.
CPLR 5015 (a) (1) permits a court to relieve a party from an order on the ground of excusable default; however, the party must also demonstrate that his claim is meritorious (see, Fidelity & Deposit Co. v Andersen & Co., 60 NY2d 693). Moreover, "except as to matters within the…
2Cases cited3 opinions
- Fiore v. GalangNew York Court of Appeals · 1985
- FID. & DEPOSIT CO. OF MARYLAND v. Arthur Andersen & Co.New York Court of Appeals · 1983
- Baumann v. DeeAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by4 opinions
- George v. SasticAppellate Division of the Supreme Court of the State of New York · 1990
- Duque v. OrtizAppellate Division of the Supreme Court of the State of New York · 1989
- Ris v. FinkleNew York Supreme Court · 1989
- Sandoval v. SodanoAppellate Division of the Supreme Court of the State of New York · 1989