Legal Opinion

Abrash v. Lavender

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

Decided April 28, 1986PublishedCited by 4 opinions

1Opinion of the Court

— In an action to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Roncallo, J.), dated October 30, 1984, which granted the defendant’s motion to vacate a default judgment of the same court, dated August 17, 1984, upon condition that the defendant pay to the plaintiffs the sum of $500.

Order affirmed, without costs or disbursements.

A court is authorized to vacate a default judgment pursuant to the provisions of CPLR 5015 upon a showing of an excusable default and a meritorious defense. In the case at bar, the defendant attributed…

2Cases cited1 opinion

  1. Anolick v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by4 opinions

  1. Stewart v. WarrenAppellate Division of the Supreme Court of the State of New York · 1987
  2. Gilhuley v. St. Matthew's Community A.M.E. Church of Hollis, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
  3. 2M Realty Corp. v. BoehmAppellate Division of the Supreme Court of the State of New York · 2004
  4. Biffer v. Alt Floor & Wall Covering, LLCAppellate Terms of the Supreme Court of New York · 2019

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