Capital District Sand & Gravel Co. v. Ferran

Appellate Division of the Supreme Court of New York

Capital District Sand & Gravel Co. v. Ferran

54 A.D.2d 793, 387 N.Y.S.2d 742, 1976 N.Y. App. Div. LEXIS 14482

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

DecidedOctober 21, 1976

StatusPublished

Cited by1 cases

This text of 54 A.D.2d 793 (Capital District Sand & Gravel Co. v. Ferran) 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.

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Capital District Sand & Gravel Co. v. Ferran, 54 A.D.2d 793, 387 N.Y.S.2d 742, 1976 N.Y. App. Div. LEXIS 14482 (N.Y. Ct. App. 1976).

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Opinion

Appeal from an order of the Supreme Court at Special Term, entered February 24, 1976 in Albany County, which denied defendant’s motion to vacate a default judgment. The record establishes that [794]*794Special Term was correct in its conclusion that the defendant has not shown a valid excuse for his default and has not demonstrated a meritorious defense. As the opening of a default is discretionary, and the defendant has not met both conditions prerequisite to the relief sought, Special Term’s refusal to open the default was not an abuse of discretion (United Ind. Corp. v Shreiber, 51 AD2d 688; Doroski v Mintler, 49 AD2d 990; State Bank of Albany v Guiseppi Estates, 44 AD2d 878; Harris v Harris, 35 AD2d 894). Order affirmed, without costs. Koreman, P. J., Greenblott, Main, Larkin and Herlihy, JJ., concur.

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Appeal from an order of the Supreme Court at Special Term, entered February 24, 1976 in Albany County, which denied defendant’s motion to vacate a default judgment. The record establishes that [794]*794Special Term was correct in its conclusion that the defendant has not shown a valid excuse for his default and has not demonstrated a meritorious defense. As the opening of a default is discretionary, and the defendant has not met both conditions prerequisite to the relief sought, Special Term’s refusal to open the default was not an abuse of discretion (United Ind. Corp. v Shreiber, 51 AD2d 688; Doroski v Mintler, 49 AD2d 990; State Bank of Albany v Guiseppi Estates, 44 AD2d 878; Harris v Harris, 35 AD2d 894). Order affirmed, without costs. Koreman, P. J., Greenblott, Main, Larkin and Herlihy, JJ., concur.

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Bluebook (online)

54 A.D.2d 793, 387 N.Y.S.2d 742, 1976 N.Y. App. Div. LEXIS 14482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capital-district-sand-gravel-co-v-ferran-nyappdiv-1976.

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