Manhattan Vermeer Co. v. Guterman
This text of 179 A.D.2d 561 (Manhattan Vermeer Co. v. Guterman) 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
It is within the IAS court’s discretion to determine whether or not a party who claims not to have been properly served has shown a reasonable excuse for the default (see, Orimex Trading v Berman, 168 AD2d 263). Here, the record supports the IAS court’s conclusion that the appealing defendants did not show a reasonable excuse for their default, and indeed that the default was deliberate. Accordingly, the motion to [562]*562vacate the default was properly denied. Concur — Murphy, P. J., Sullivan, Ellerin, Ross and Kassal, JJ.
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179 A.D.2d 561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manhattan-vermeer-co-v-guterman-nyappdiv-1992.