Kenny v. Vigliano

Appellate Division of the Supreme Court of New York

Kenny v. Vigliano

182 A.D.2d 1134

Appellate Division of the Supreme Court of the State of New York·Decided April 24, 1992·No. Appeal No. 2·Published·Cited by 1 cases

Opinion

Judgment unanimously affirmed with costs. Memorandum: Defendant’s motion to vacate the default judgment was properly denied because he failed to show either a meritorious defense or an excusable default (see, Gray v B. R. Trucking Co., 59 NY2d 649, rearg dismissed 59 NY2d 966, 60 NY2d 586).

In view of defendant’s pattern of conduct throughout the history of this case, Supreme Court did not err in awarding costs and attorney’s fees (22 NYCRR 130-1.1 [a]; see also, [1135]*1135Jason v Chusid, 78 NY2d 1099). (Appeal from Judgment of Supreme Court, Monroe County, Siracuse, J. — Attorney’s Fees.) Present — Green, J. P., Pine, Balio, Boehm and Davis, JJ.

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Judgment unanimously affirmed with costs. Memorandum: Defendant’s motion to vacate the default judgment was properly denied because he failed to show either a meritorious defense or an excusable default (see, Gray v B. R. Trucking Co., 59 NY2d 649, rearg dismissed 59 NY2d 966, 60 NY2d 586).

In view of defendant’s pattern of conduct throughout the history of this case, Supreme Court did not err in awarding costs and attorney’s fees (22 NYCRR 130-1.1 [a]; see also, [1135]*1135Jason v Chusid, 78 NY2d 1099). (Appeal from Judgment of Supreme Court, Monroe County, Siracuse, J. — Attorney’s Fees.) Present — Green, J. P., Pine, Balio, Boehm and Davis, JJ.

Kenny v. Vigliano, 182 A.D.2d 1134 (N.Y. Ct. App. 1992).

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Opinion

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