Gerry's Foods of Oceanside, Inc. v. Blue Ridge Farms, Inc.

Appellate Division of the Supreme Court of New York

Gerry's Foods of Oceanside, Inc. v. Blue Ridge Farms, Inc.

243 A.D.2d 679, 665 N.Y.S.2d 524, 1997 N.Y. App. Div. LEXIS 10747

Appellate Division of the Supreme Court of the State of New York·Decided October 27, 1997·Published·Cited by 1 cases

Opinion

In an action to recover damages for breach of an oral agreement and fraud, the plaintiffs appeal from an order of the Supreme Court, Kings County (Vaccaro, J.), dated November 29, 1996, which granted the defendants’ motion to vacate a judgment entered upon their default in appearing for trial.

[680] Ordered that the order is affirmed, with costs.

It is well settled that a party attempting to vacate a default judgment must establish a reasonable excuse for the default and a meritorious defense (see, Putney v Pearlman, 203 AD2d 333; Schiavetta v McKeon, 190 AD2d 724). The defendants satisfied this standard here.

The plaintiffs’ other contentions are without merit. Mangano, P. J., Copertino, Joy, Florio and Luciano, JJ., concur.

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In an action to recover damages for breach of an oral agreement and fraud, the plaintiffs appeal from an order of the Supreme Court, Kings County (Vaccaro, J.), dated November 29, 1996, which granted the defendants’ motion to vacate a judgment entered upon their default in appearing for trial.

[680] Ordered that the order is affirmed, with costs.

It is well settled that a party attempting to vacate a default judgment must establish a reasonable excuse for the default and a meritorious defense (see, Putney v Pearlman, 203 AD2d 333; Schiavetta v McKeon, 190 AD2d 724). The defendants satisfied this standard here.

The plaintiffs’ other contentions are without merit. Mangano, P. J., Copertino, Joy, Florio and Luciano, JJ., concur.

Gerry's Foods of Oceanside, Inc. v. Blue Ridge Farms, Inc., 243 A.D.2d 679, 665 N.Y.S.2d 524, 1997 N.Y. App. Div. LEXIS 10747 (N.Y. Ct. App. 1997).

Pincite

243 A.D.2d 679 (Gerry's Foods of Oceanside, Inc. v. Blue Ridge Farms, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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