Bero v. Lazore

Appellate Division of the Supreme Court of New York

Bero v. Lazore

211 A.D.2d 940, 621 N.Y.S.2d 946, 1995 N.Y. App. Div. LEXIS 217

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

DecidedJanuary 12, 1995

StatusPublished

This text of 211 A.D.2d 940 (Bero v. Lazore) 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

Bero v. Lazore, 211 A.D.2d 940, 621 N.Y.S.2d 946, 1995 N.Y. App. Div. LEXIS 217 (N.Y. Ct. App. 1995).

Pincite

Opinion

Appeal from án order of the Supreme Court (Ryan, Jr., J.), entered October 7, 1993 in Franklin County, which denied defendant Ann Lazore’s motion to vacate a default judgment entered against her on the issue of liability.

In our view, Supreme Court did not err by denying defendant Ann Lazore’s motion to vacate the default judgment entered against her in this personal injury action involving an automobile collision. A party seeking to vacate a default must demonstrate a reasonable excuse for the default and a meritorious defense. We agree with Supreme Court that Lazore has failed to demonstrate legal merit to her defense or a legitimate excuse for her delay in responding to the complaint she concedes that she received. Moreover, given the length of the delay involved, we find no reason to disturb Supreme Court’s discretion in this regard.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the order is affirmed, with costs.

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Appeal from án order of the Supreme Court (Ryan, Jr., J.), entered October 7, 1993 in Franklin County, which denied defendant Ann Lazore’s motion to vacate a default judgment entered against her on the issue of liability.

In our view, Supreme Court did not err by denying defendant Ann Lazore’s motion to vacate the default judgment entered against her in this personal injury action involving an automobile collision. A party seeking to vacate a default must demonstrate a reasonable excuse for the default and a meritorious defense. We agree with Supreme Court that Lazore has failed to demonstrate legal merit to her defense or a legitimate excuse for her delay in responding to the complaint she concedes that she received. Moreover, given the length of the delay involved, we find no reason to disturb Supreme Court’s discretion in this regard.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the order is affirmed, with costs.

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Bluebook (online)

211 A.D.2d 940, 621 N.Y.S.2d 946, 1995 N.Y. App. Div. LEXIS 217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bero-v-lazore-nyappdiv-1995.