Mandell v. Stein
This text of 183 A.D.2d 488 (Mandell v. Stein) 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.
Opinion
— Order of the Supreme Court, New York County (Beatrice Shainswit, J.), entered May 6, 1991, which granted the plaintiffs’ motion for a default judgment and inquest, and denied defendants’ cross-motion to vacate the default and for leave to serve an answer to the complaint, unanimously affirmed, with costs.
To vacate a default a party must demonstrate a justifiable excuse for the default and a meritorious defense. There must be a sufficient factual showing to support such claims (Investment Corp. v Spector, 12 AD2d 911). Defendants have not sustained their burden. Concur — Sullivan, J. P., Rosenberger, Ross, Smith and Rubin, JJ.
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183 A.D.2d 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mandell-v-stein-nyappdiv-1992.