Back v. Stern

Appellate Division of the Supreme Court of New York

Back v. Stern

23 A.D.2d 837, 259 N.Y.S.2d 538, 1965 N.Y. App. Div. LEXIS 4159

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

DecidedMay 18, 1965

StatusPublished

Cited by8 cases

This text of 23 A.D.2d 837 (Back v. Stern) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Back v. Stern, 23 A.D.2d 837, 259 N.Y.S.2d 538, 1965 N.Y. App. Div. LEXIS 4159 (N.Y. Ct. App. 1965).

Pincite

Opinion

Order, entered on August 18, 1964, granting defendant’s motion to vacate and set aside the judgment and to open the defendant’s default, unanimously reversed, on the law, the facts, and in the exercise of discretion, with $30 costs and disbursements to appellant and the motion denied. The defendants have failed to demonstrate the existence of any of the elements which could justify a vacatur of the judgment and an opening of their default. There is no showing of any adequate excuse for the default — to the contrary it appears to have been a deliberate one; no demonstration was made of a meritorious defense; nor was a proposed answer served with the papers. Such defects mandate a denial of the motion (Levine v. Fal-Bar Argentenian Corner Restaurant, 18 A D 2d 611). In addition, it is not without significance that defendants waited for six months subsequent to the entry of the default judgment before taking steps to obtain its vacatur. Concur — Breitel, J. P., Rabin, Valente, McNally and Stevens, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, entered on August 18, 1964, granting defendant’s motion to vacate and set aside the judgment and to open the defendant’s default, unanimously reversed, on the law, the facts, and in the exercise of discretion, with $30 costs and disbursements to appellant and the motion denied. The defendants have failed to demonstrate the existence of any of the elements which could justify a vacatur of the judgment and an opening of their default. There is no showing of any adequate excuse for the default — to the contrary it appears to have been a deliberate one; no demonstration was made of a meritorious defense; nor was a proposed answer served with the papers. Such defects mandate a denial of the motion (Levine v. Fal-Bar Argentenian Corner Restaurant, 18 A D 2d 611). In addition, it is not without significance that defendants waited for six months subsequent to the entry of the default judgment before taking steps to obtain its vacatur. Concur — Breitel, J. P., Rabin, Valente, McNally and Stevens, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

23 A.D.2d 837, 259 N.Y.S.2d 538, 1965 N.Y. App. Div. LEXIS 4159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/back-v-stern-nyappdiv-1965.

Opinion

Related

Cite This Page — Counsel Stack