Cogan v. Pegasus Agency

Appellate Division of the Supreme Court of New York

Cogan v. Pegasus Agency

257 A.D.2d 590, 683 N.Y.S.2d 863, 1999 N.Y. App. Div. LEXIS 329

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

DecidedJanuary 19, 1999

StatusPublished

This text of 257 A.D.2d 590 (Cogan v. Pegasus Agency) 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

Cogan v. Pegasus Agency, 257 A.D.2d 590, 683 N.Y.S.2d 863, 1999 N.Y. App. Div. LEXIS 329 (N.Y. Ct. App. 1999).

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Opinion

—In an action, inter alia, to recover possession of an automobile, the defendant Paul A. Firestone appeals from an order of the Supreme Court, Westchester County (Silverman, J.), entered January 15, 1998, which denied his motion to vacate an amended order and judgment of the same court, dated July 1, 1997, which, inter alia, upon striking his answer and counterclaims based on his default in opposing the plaintiff’s motion to compel certain discovery, is in favor of the plaintiff and against him in the principal amount of $20,000.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the appellant’s motion [591]*591to vacate his default, as he failed to demonstrate a reasonable excuse for his default (see, CPLR 5015 [a]; Roussodimou v Zafiriadis, 238 AD2d 568; Fennell v Mason, 204 AD2d 599).

The appellant’s remaining contentions are not preserved for appellate review. Bracken, J. P., Ritter, Santucci and Altman, JJ., concur.

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—In an action, inter alia, to recover possession of an automobile, the defendant Paul A. Firestone appeals from an order of the Supreme Court, Westchester County (Silverman, J.), entered January 15, 1998, which denied his motion to vacate an amended order and judgment of the same court, dated July 1, 1997, which, inter alia, upon striking his answer and counterclaims based on his default in opposing the plaintiff’s motion to compel certain discovery, is in favor of the plaintiff and against him in the principal amount of $20,000.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the appellant’s motion [591]*591to vacate his default, as he failed to demonstrate a reasonable excuse for his default (see, CPLR 5015 [a]; Roussodimou v Zafiriadis, 238 AD2d 568; Fennell v Mason, 204 AD2d 599).

The appellant’s remaining contentions are not preserved for appellate review. Bracken, J. P., Ritter, Santucci and Altman, JJ., concur.

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Bluebook (online)

257 A.D.2d 590, 683 N.Y.S.2d 863, 1999 N.Y. App. Div. LEXIS 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cogan-v-pegasus-agency-nyappdiv-1999.

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