Legal Opinion

Desena v. 486 Henry Supermarket, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 28, 2000PublishedCited by 3 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated March 24, 1999, which granted the plaintiffs’ motion to vacate a judgment of the same court, dated December 14, 1998, dismissing their complaint.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

In order to obtain the relief which the plaintiffs requested, they were required to establish both a reasonable excuse for their defaults and a meritorious cause of action (see, Reilly v Syosset Hosp., 225 AD2d…

2Cases cited1 opinion

  1. Reilly v. Syosset HospitalAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by3 opinions

  1. Clarke v. United Parcel Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Fujah v. V-M Auto Refinishing Corp.New York Supreme Court · 2002
  3. Graham v. Harco Chemical Coating, Inc.Appellate Division of the Supreme Court of the State of New York · 2003

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