Kavanagh v. Demitrieus

Appellate Division of the Supreme Court of New York

Kavanagh v. Demitrieus

259 A.D.2d 523, 684 N.Y.S.2d 899, 1999 N.Y. App. Div. LEXIS 2210

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

DecidedMarch 8, 1999

StatusPublished

Cited by1 cases

This text of 259 A.D.2d 523 (Kavanagh v. Demitrieus) 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

Kavanagh v. Demitrieus, 259 A.D.2d 523, 684 N.Y.S.2d 899, 1999 N.Y. App. Div. LEXIS 2210 (N.Y. Ct. App. 1999).

Pincite

Opinion

In an action to recover payment for legal services performed, the defendants appeal from (1) a judgment of the Supreme Court, Nassau County (Lockman, J.), entered August 6, 1997, upon their failure to appear or answer, and (2) an order of the same court, dated March 17, 1998, which denied their motion for leave to vacate the judgment.

Ordered that the appeal from the judgment is dismissed, as no appeal lies from a judgment entered upon the default of the appealing party; and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

The defendants provided neither evidence of excusable default nor a meritorious defense as required by CPLR 5015 in order to obtain vacatur of the judgment (cf., Classie v Stratton Oakmont, 236 AD2d 505). S. Miller, J. P., Sullivan, Friedmann and Luciano, JJ., concur.

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