Mandell v. Stein

Appellate Division of the Supreme Court of New York

Mandell v. Stein

183 A.D.2d 488

Appellate Division of the Supreme Court of the State of New York·Decided May 12, 1992·Published·Cited by 1 cases

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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— 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.

Mandell v. Stein, 183 A.D.2d 488 (N.Y. Ct. App. 1992).

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Opinion

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