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

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

DecidedDecember 4, 1989

StatusPublished

This text of 156 A.D.2d 330 (Globe Office Supply Co. v. Excelsior Merchandise, Ltd.) 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.

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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

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.

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Bluebook (online)

156 A.D.2d 330, 548 N.Y.S.2d 899, 1989 N.Y. App. Div. LEXIS 15365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/globe-office-supply-co-v-excelsior-merchandise-ltd-nyappdiv-1989.

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