Legal Opinion
Kaplan v. D'Agostino Supermarkets, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 8, 1994PublishedCited by 2 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Kristin Booth Glen, J.), entered April 12, 1994, which denied defendant’s motion to vacate a default judgment, unanimously affirmed, with costs.
The IAS Court did not abuse its discretion in denying vacatur of the default judgment against defendant pursuant to CPLR 5015 (a) (1) on the ground that defendant’s failure to keep a correct address on file with the Secretary of State for more than 10 years was "inexcusable” (see, Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 NY2d 138, 143), or pursuant to CPLR 317 on the ground that defendant’s failure to…
2Cases cited2 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Paul Conte Cadillac, Inc. v. C.A.R.S. Purchasing Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
3Cited by2 opinions
- Santiago v. Sansue Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Al Fayed v. BarakAppellate Division of the Supreme Court of the State of New York · 2007