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Hirsch v. Monroe Bus Corp.

13 A.D.3d 486, 786 N.Y.S.2d 311, 2004 N.Y. App. Div. LEXIS 15837
Appellate Division of the Supreme Court of the State of New York·Decided December 20, 2004·Published·Cited by 2 cases

Opinion

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Kings County (M. Garson, J.), dated December 10, 2003, which denied their motion, in effect, to vacate their default in answering the complaint.

Ordered that the order is affirmed, with costs.

The defendants were required to demonstrate a reasonable excuse for their default and a meritorious defense (see Chiulli v Coyne, 292 AD2d 413, 414 [2002]; J.P. Equip. Rental & Materials v Fidelity & Guar. Ins. Co., 288 AD2d 187 [2001]). The defendants failed to offer a reasonable excuse for their default. Accordingly, the Supreme Court providently denied their motion.

The defendants’ remaining contentions are without merit. Ritter, J.E, H. Miller, Schmidt, Crane and Skelos, JJ., concur.

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Hirsch v. Monroe Bus Corp., 13 A.D.3d 486, 786 N.Y.S.2d 311, 2004 N.Y. App. Div. LEXIS 15837 (N.Y. Ct. App. 2004).

13 A.D.3d 486 (Hirsch v. Monroe Bus Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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