Legal Opinion
M. Cooper Motor Leasing, Ltd. v. Data Discount Center, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1986PublishedCited by 4 opinions
1Opinion of the Court
— In an action to recover damages for breach of a contract to lease an automobile, the defendants appeal from an order of the Supreme Court, Queens County (Lerner, J.), dated June 20, 1985, which denied their motion to vacate their default in appearing for trial.
Ordered that the order is affirmed, with costs.
In order for the defendants to be relieved of their default in appearing for trial, they must establish that (1) there is a reasonable excuse for their failure to appear, and (2) there exists a meritorious defense to this action (see, Saltzman v Knockout Chem. & Equip. Co., 108 AD2d 908;…
2Cases cited5 opinions
- Passalacqua v. BanatAppellate Division of the Supreme Court of the State of New York · 1984
- Saltzman v. Knockout Chemical & Equipment Co.Appellate Division of the Supreme Court of the State of New York · 1985
- Andreano v. TestaAppellate Division of the Supreme Court of the State of New York · 1978
- Ferreri v. Winston Mall, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
- Solargen Electronics, Ltd. v. General Electric Co.Appellate Division of the Supreme Court of the State of New York · 1982
3Cited by4 opinions
- John G. Trautwein Fish Co. v. GerlandAppellate Division of the Supreme Court of the State of New York · 1994
- Studebaker-Worthington Leasing Corp. v. Mitchell Titus & Co.Appellate Division of the Supreme Court of the State of New York · 1997
- Foster v. Bally's Total Fitness Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Leemilt's Petroleum, Inc. v. Public Storage, Inc.Appellate Division of the Supreme Court of the State of New York · 1993