Clarke v. Urlick

Appellate Division of the Supreme Court of New York

Clarke v. Urlick

266 A.D.2d 177, 697 N.Y.S.2d 518, 1999 N.Y. App. Div. LEXIS 11108

Appellate Division of the Supreme Court of the State of New York·Decided November 1, 1999·Published

Opinion

—In an action to recover damages for personal injuries, the defendant Lawrence Marcus appeals from an order of the [178] Supreme Court, Kings County (Clemente, J.), dated November 20, 1998, which denied his motion to vacate a judgment entered upon his failure to appear or answer.

Ordered that the order is affirmed, without costs or disbursements.

The appellant failed to provide a reasonable excuse for his default or a meritorious defense as required by CPLR 5015 in order to obtain vacatur of the judgment (see, Kavanagh v Demitrieus, 259 AD2d 523; Furon Constr. v Velez, 209 AD2d 666). S. Miller, J. P., Thompson, Krausman, Florio and Schmidt, JJ., concur.

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—In an action to recover damages for personal injuries, the defendant Lawrence Marcus appeals from an order of the [178] Supreme Court, Kings County (Clemente, J.), dated November 20, 1998, which denied his motion to vacate a judgment entered upon his failure to appear or answer.

Ordered that the order is affirmed, without costs or disbursements.

The appellant failed to provide a reasonable excuse for his default or a meritorious defense as required by CPLR 5015 in order to obtain vacatur of the judgment (see, Kavanagh v Demitrieus, 259 AD2d 523; Furon Constr. v Velez, 209 AD2d 666). S. Miller, J. P., Thompson, Krausman, Florio and Schmidt, JJ., concur.

Clarke v. Urlick, 266 A.D.2d 177, 697 N.Y.S.2d 518, 1999 N.Y. App. Div. LEXIS 11108 (N.Y. Ct. App. 1999).

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266 A.D.2d 177 (Clarke v. Urlick) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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