Furon Construction, Inc. v. Velez

Appellate Division of the Supreme Court of New York

Furon Construction, Inc. v. Velez

209 A.D.2d 666, 619 N.Y.S.2d 950, 1994 N.Y. App. Div. LEXIS 11746

Appellate Division of the Supreme Court of the State of New York·Decided November 28, 1994·Published·Cited by 4 cases

Opinion

—In an action to foreclose a mechanic’s lien, the defendant appeals from an order of the Supreme Court, Queens County (Leviss, J.), dated November 30, 1992, which denied her motion to vacate a default judgment.

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

It is well-settled that a default judgment may be vacated in the sound discretion of the trial court upon the movant’s showing of an excusable default as well as a meritorious defense (see, CPLR 5015 [a]; Perellie v Crimson’s Rest., 108 AD2d 903; Fiore v Galang, 64 NY2d 999; County of Nassau v Cedric Constr. Corp., 100 AD2d 890; McCargar v Welser, 109 AD2d 1053). In the case at bar, the defendant failed to demonstrate either. Ritter, J. P., Santucci, Friedmann and Goldstein, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action to foreclose a mechanic’s lien, the defendant appeals from an order of the Supreme Court, Queens County (Leviss, J.), dated November 30, 1992, which denied her motion to vacate a default judgment.

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

It is well-settled that a default judgment may be vacated in the sound discretion of the trial court upon the movant’s showing of an excusable default as well as a meritorious defense (see, CPLR 5015 [a]; Perellie v Crimson’s Rest., 108 AD2d 903; Fiore v Galang, 64 NY2d 999; County of Nassau v Cedric Constr. Corp., 100 AD2d 890; McCargar v Welser, 109 AD2d 1053). In the case at bar, the defendant failed to demonstrate either. Ritter, J. P., Santucci, Friedmann and Goldstein, JJ., concur.

Furon Construction, Inc. v. Velez, 209 A.D.2d 666, 619 N.Y.S.2d 950, 1994 N.Y. App. Div. LEXIS 11746 (N.Y. Ct. App. 1994).

Pincite

209 A.D.2d 666 (Furon Construction, Inc. v. Velez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related