Globe Office Supply Co. v. Excelsior Merchandise, Ltd.

Appellate Division of the Supreme Court of New York

Globe Office Supply Co. v. Excelsior Merchandise, Ltd.

156 A.D.2d 330, 548 N.Y.S.2d 899, 1989 N.Y. App. Div. LEXIS 15365

Appellate Division of the Supreme Court of the State of New York·Decided December 4, 1989·Published

Opinion

an action to recover a sum of money allegedly owing under a lease, the plaintiff appeals from an order of the Supreme Court, Kings County (Held, J.), dated March 23, 1988, which denied its motion to vacate a judgment of the same court, dated November 5, 1987, entered upon its default in failing to oppose the respondent’s motion for summary judgment dismissing the complaint.

[331]*331Ordered that the order is affirmed, with costs.

The plaintiff, in moving to have its default vacated, failed to show that it had a meritorious cause of action, as well as an acceptable excuse for its default (Monroe v Crabtree Ford, 137 AD2d 747). Accordingly, the court properly denied the plaintiffs motion to vacate the judgment entered upon its default. Lawrence, J. P., Kunzeman, Eiber and Harwood, JJ., concur.

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an action to recover a sum of money allegedly owing under a lease, the plaintiff appeals from an order of the Supreme Court, Kings County (Held, J.), dated March 23, 1988, which denied its motion to vacate a judgment of the same court, dated November 5, 1987, entered upon its default in failing to oppose the respondent’s motion for summary judgment dismissing the complaint.

[331]*331Ordered that the order is affirmed, with costs.

The plaintiff, in moving to have its default vacated, failed to show that it had a meritorious cause of action, as well as an acceptable excuse for its default (Monroe v Crabtree Ford, 137 AD2d 747). Accordingly, the court properly denied the plaintiffs motion to vacate the judgment entered upon its default. Lawrence, J. P., Kunzeman, Eiber and Harwood, JJ., concur.

Globe Office Supply Co. v. Excelsior Merchandise, Ltd., 156 A.D.2d 330, 548 N.Y.S.2d 899, 1989 N.Y. App. Div. LEXIS 15365 (N.Y. Ct. App. 1989).

Pincite

156 A.D.2d 330 (Globe Office Supply Co. v. Excelsior Merchandise, Ltd.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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