Gordian-Kenney v. New York State Division of Human Rights

Appellate Division of the Supreme Court of New York

Gordian-Kenney v. New York State Division of Human Rights

2 A.D.3d 165, 767 N.Y.S.2d 616, 2003 N.Y. App. Div. LEXIS 12900

Appellate Division of the Supreme Court of the State of New York·Decided December 4, 2003·Published

Opinion

Order, Supreme Court, New York County (Louis York, J.), entered July 24, 2002, which denied with prejudice petitioner’s motion to renew a prior motion to vacate a default judgment, unanimously affirmed, without costs.

Eetitioner not only defaulted repeatedly, but failed to heed the court’s instructions on what to include in requests for vacatur. She has failed to meet her burden of showing a reasonable excuse for default and a meritorious cause of action (Mitrany v American Tit. Ins. Co., 238 AD2d 179 [1997]). Concur — Tom, J.E, Andrias, Saxe and Ellerin, JJ.

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Order, Supreme Court, New York County (Louis York, J.), entered July 24, 2002, which denied with prejudice petitioner’s motion to renew a prior motion to vacate a default judgment, unanimously affirmed, without costs.

Eetitioner not only defaulted repeatedly, but failed to heed the court’s instructions on what to include in requests for vacatur. She has failed to meet her burden of showing a reasonable excuse for default and a meritorious cause of action (Mitrany v American Tit. Ins. Co., 238 AD2d 179 [1997]). Concur — Tom, J.E, Andrias, Saxe and Ellerin, JJ.

Gordian-Kenney v. New York State Division of Human Rights, 2 A.D.3d 165, 767 N.Y.S.2d 616, 2003 N.Y. App. Div. LEXIS 12900 (N.Y. Ct. App. 2003).

Pincite

2 A.D.3d 165 (Gordian-Kenney v. New York State Division of Human Rights) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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