Leason v. Hageman

Appellate Division of the Supreme Court of New York

Leason v. Hageman

208 A.D.2d 455, 617 N.Y.S.2d 312

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

DecidedOctober 25, 1994

StatusPublished

This text of 208 A.D.2d 455 (Leason v. Hageman) 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

Leason v. Hageman, 208 A.D.2d 455, 617 N.Y.S.2d 312 (N.Y. Ct. App. 1994).

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Opinion

—Order and judgment, Supreme Court, New York County (Ira Gammerman, J.), entered on or about August 29, 1993 and October 1, 1993, respectively, which, inter alia, denied defendant’s motion to vacate his default and granted plaintiff’s motion to confirm the Special Referee’s report awarding plaintiff damages of $262,500, unanimously affirmed, without costs.

The IAS Court properly denied defendant’s motion to vacate [456]*456his default and granted plaintiffs motion to confirm the Special Referee’s report, defendant having failed to demonstrate a reasonable excuse for not appearing at the Special Referee’s hearing. Even if defendant’s failure to appear at the January 12, 1993 court conference was excusable for lack of notice, there is no question that he received notice of the Special Referee’s hearing, and indeed moved for an adjournment thereof. Defendant failed to keep himself advised of any action taken on his motion, and therefore has only himself to blame for his default. Nor does it appear that defendant has a meritorious defense. Concur—Wallach, J. P., Asch, Rubin and Williams, JJ.

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—Order and judgment, Supreme Court, New York County (Ira Gammerman, J.), entered on or about August 29, 1993 and October 1, 1993, respectively, which, inter alia, denied defendant’s motion to vacate his default and granted plaintiff’s motion to confirm the Special Referee’s report awarding plaintiff damages of $262,500, unanimously affirmed, without costs.

The IAS Court properly denied defendant’s motion to vacate [456]*456his default and granted plaintiffs motion to confirm the Special Referee’s report, defendant having failed to demonstrate a reasonable excuse for not appearing at the Special Referee’s hearing. Even if defendant’s failure to appear at the January 12, 1993 court conference was excusable for lack of notice, there is no question that he received notice of the Special Referee’s hearing, and indeed moved for an adjournment thereof. Defendant failed to keep himself advised of any action taken on his motion, and therefore has only himself to blame for his default. Nor does it appear that defendant has a meritorious defense. Concur—Wallach, J. P., Asch, Rubin and Williams, JJ.

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Bluebook (online)

208 A.D.2d 455, 617 N.Y.S.2d 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leason-v-hageman-nyappdiv-1994.