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

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

DecidedOctober 27, 1997

StatusPublished

Cited by1 cases

This text of 243 A.D.2d 679 (Gerry's Foods of Oceanside, Inc. v. Blue Ridge Farms, Inc.) 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

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

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]*680Ordered 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]*680Ordered 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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Bluebook (online)

243 A.D.2d 679, 665 N.Y.S.2d 524, 1997 N.Y. App. Div. LEXIS 10747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gerrys-foods-of-oceanside-inc-v-blue-ridge-farms-inc-nyappdiv-1997.

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