Character Foundations, Inc. v. Fertels

Appellate Division of the Supreme Court of New York

Character Foundations, Inc. v. Fertels

249 A.D.2d 212, 671 N.Y.S.2d 263, 1998 N.Y. App. Div. LEXIS 4674

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

DecidedApril 28, 1998

StatusPublished

This text of 249 A.D.2d 212 (Character Foundations, Inc. v. Fertels) 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

Character Foundations, Inc. v. Fertels, 249 A.D.2d 212, 671 N.Y.S.2d 263, 1998 N.Y. App. Div. LEXIS 4674 (N.Y. Ct. App. 1998).

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Opinion

—Order, Supreme Court, New York County (Lewis Friedman, J.), entered on or about February 18, 1997, which denied defendant’s motion to vacate the default judgment entered against him, unanimously affirmed, with costs. Appeal from the aforesaid judgment, entered December 11, 1996, unanimously dismissed, without costs, as taken from a nonappealable paper.

A party seeking to vacate a default judgment must establish the existence of both a meritorious claim or defense and a reasonable excuse for the default (see, Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 NY2d 138, 141), and defendant, who has repeatedly failed to appear at his scheduled depositions, has demonstrated neither. Concur — Sullivan, J. P., Rosenberger, Nardelli, Rubin and Andrias, JJ.

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—Order, Supreme Court, New York County (Lewis Friedman, J.), entered on or about February 18, 1997, which denied defendant’s motion to vacate the default judgment entered against him, unanimously affirmed, with costs. Appeal from the aforesaid judgment, entered December 11, 1996, unanimously dismissed, without costs, as taken from a nonappealable paper.

A party seeking to vacate a default judgment must establish the existence of both a meritorious claim or defense and a reasonable excuse for the default (see, Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 NY2d 138, 141), and defendant, who has repeatedly failed to appear at his scheduled depositions, has demonstrated neither. Concur — Sullivan, J. P., Rosenberger, Nardelli, Rubin and Andrias, JJ.

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Bluebook (online)

249 A.D.2d 212, 671 N.Y.S.2d 263, 1998 N.Y. App. Div. LEXIS 4674, Counsel Stack Legal Research, https://law.counselstack.com/opinion/character-foundations-inc-v-fertels-nyappdiv-1998.

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