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Gullo v. Martucci

142 A.D.2d 666, 530 N.Y.S.2d 1004, 1988 N.Y. App. Div. LEXIS 7988
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 18, 1988
StatusPublished

This text of 142 A.D.2d 666 (Gullo v. Martucci) 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
Gullo v. Martucci, 142 A.D.2d 666, 530 N.Y.S.2d 1004, 1988 N.Y. App. Div. LEXIS 7988 (N.Y. Ct. App. 1988).

Opinion

— In an action to recover damages for personal injuries, etc., the plaintiff Scott Gullo appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), entered August 14, 1986, which denied his motion pursuant to CPLR 5015 to open his default.

Ordered that the order is affirmed, with costs.

A party seeking relief pursuant to CPLR 5015 to vacate an earlier default is required to show that his default is excusable and that there is merit to his claim (see, La Buda v Brookhaven Mem. Hosp. Med. Center, 98 AD2d 711, affd 62 NY2d 1014). The movant herein has failed in both respects. Mangano, J. P., Brown, Lawrence and Harwood, JJ., concur.

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Related

La Buda v. Brookhaven Memorial Hospital Medical Center
468 N.E.2d 675 (New York Court of Appeals, 1984)
La Buda v. Brookhaven Memorial Hospital Medical Center
98 A.D.2d 711 (Appellate Division of the Supreme Court of New York, 1983)

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Bluebook (online)
142 A.D.2d 666, 530 N.Y.S.2d 1004, 1988 N.Y. App. Div. LEXIS 7988, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gullo-v-martucci-nyappdiv-1988.