Hostomsky v. Electronic Data Systems Corp.

Appellate Division of the Supreme Court of New York

Hostomsky v. Electronic Data Systems Corp.

214 A.D.2d 733, 625 N.Y.S.2d 949, 1995 N.Y. App. Div. LEXIS 4469

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

DecidedApril 24, 1995

StatusPublished

Cited by2 cases

This text of 214 A.D.2d 733 (Hostomsky v. Electronic Data Systems Corp.) 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

Hostomsky v. Electronic Data Systems Corp., 214 A.D.2d 733, 625 N.Y.S.2d 949, 1995 N.Y. App. Div. LEXIS 4469 (N.Y. Ct. App. 1995).

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Opinion

—In a proceeding pursuant to CPLR 7510 to confirm an arbitration award which was entered upon the default of Electronic Data Systems Corp., Electronic Data Systems Corp. appeals from an order of the Supreme Court, Westchester County (Fredman, J.), entered February 25, 1994, which denied its motion to vacate the award.

Ordered that the order is affirmed, with costs.

In order to establish entitlement to vacatur of a default judgment, the movant must demonstrate a reasonable excuse for the default and a meritorious defense (see, State Farm Ins. Co. v Sheeran, 204 AD2d 617). The appellant has failed to sustain its burden. Sullivan, J. P., Miller, Copertino, Joy and Friedmann, JJ., concur.

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—In a proceeding pursuant to CPLR 7510 to confirm an arbitration award which was entered upon the default of Electronic Data Systems Corp., Electronic Data Systems Corp. appeals from an order of the Supreme Court, Westchester County (Fredman, J.), entered February 25, 1994, which denied its motion to vacate the award.

Ordered that the order is affirmed, with costs.

In order to establish entitlement to vacatur of a default judgment, the movant must demonstrate a reasonable excuse for the default and a meritorious defense (see, State Farm Ins. Co. v Sheeran, 204 AD2d 617). The appellant has failed to sustain its burden. Sullivan, J. P., Miller, Copertino, Joy and Friedmann, JJ., concur.

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Bluebook (online)

214 A.D.2d 733, 625 N.Y.S.2d 949, 1995 N.Y. App. Div. LEXIS 4469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hostomsky-v-electronic-data-systems-corp-nyappdiv-1995.

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