Harper v. Edwards

Appellate Division of the Supreme Court of New York

Harper v. Edwards

301 A.D.2d 627, 753 N.Y.S.2d 871

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

DecidedJanuary 27, 2003

StatusPublished

Cited by4 cases

This text of 301 A.D.2d 627 (Harper v. Edwards) 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

Harper v. Edwards, 301 A.D.2d 627, 753 N.Y.S.2d 871 (N.Y. Ct. App. 2003).

Pincite

Opinion

—In an action to recover damages for libel, the defendant appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated February 15, 2002, which denied his motion to vacate a judgment of the same court, dated February 1, 2001, entered upon his default in opposing the plaintiffs motion for summary judgment and failure to appear at an inquest.

Ordered that the order is affirmed, with costs.

To vacate his default, the defendant was required to demonstrate a reasonable excuse for his failure to oppose the plaintiffs motion for summary judgment and his failure to appear at the inquest, and a meritorious defense (see Correa v Tscherne, 296 AD2d 476). The Supreme Court properly denied [628]*628the motion, as the defendant failed to demonstrate a reasonable excuse for his default. Santucci, J.P., Krausman, McGinity, Schmidt and Crane, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action to recover damages for libel, the defendant appeals from an order of the Supreme Court, Kings County (Knipel, J.), dated February 15, 2002, which denied his motion to vacate a judgment of the same court, dated February 1, 2001, entered upon his default in opposing the plaintiffs motion for summary judgment and failure to appear at an inquest.

Ordered that the order is affirmed, with costs.

To vacate his default, the defendant was required to demonstrate a reasonable excuse for his failure to oppose the plaintiffs motion for summary judgment and his failure to appear at the inquest, and a meritorious defense (see Correa v Tscherne, 296 AD2d 476). The Supreme Court properly denied [628]*628the motion, as the defendant failed to demonstrate a reasonable excuse for his default. Santucci, J.P., Krausman, McGinity, Schmidt and Crane, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

301 A.D.2d 627, 753 N.Y.S.2d 871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-edwards-nyappdiv-2003.

Opinion

Related

Cite This Page — Counsel Stack