McDermott v. Chapski

Appellate Division of the Supreme Court of New York

McDermott v. Chapski

140 A.D.3d 506, 32 N.Y.S.3d 492

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

DecidedJune 14, 2016

Docket151792/14 649NA 649N

StatusPublished

This text of 140 A.D.3d 506 (McDermott v. Chapski) 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

McDermott v. Chapski, 140 A.D.3d 506, 32 N.Y.S.3d 492 (N.Y. Ct. App. 2016).

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Opinion

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered March 5, 2015, which denied defendants’ motion to vacate a default judgment, and order, same court and Justice, entered June 23, 2015, which, to the extent appealed from as limited by the briefs, denied defendants’ motions to set aside a JHO’s report and to vacate the court’s order confirming the report, unanimously reversed, on the law, without costs, the judgment vacated, and the motion granted. Defendants are directed to serve an answer to the complaint within 30 days after service upon them of a copy of this order with notice of entry.

Defendants put forth a reasonable excuse for their default and established potentially meritorious defenses. Accordingly defendants are entitled to vacatur of the default judgment and an opportunity to address the matter on its merits (CPLR 5015 *507 [a] [1]; D&R Global Selections, S.L. v Bodega Olegario Falcón Piñeiro, 90 AD3d 403 [1st Dept 2011]).

Concur — Friedman, J.P., Andrias, Saxe and Richter, JJ.

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Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered March 5, 2015, which denied defendants’ motion to vacate a default judgment, and order, same court and Justice, entered June 23, 2015, which, to the extent appealed from as limited by the briefs, denied defendants’ motions to set aside a JHO’s report and to vacate the court’s order confirming the report, unanimously reversed, on the law, without costs, the judgment vacated, and the motion granted. Defendants are directed to serve an answer to the complaint within 30 days after service upon them of a copy of this order with notice of entry.

Defendants put forth a reasonable excuse for their default and established potentially meritorious defenses. Accordingly defendants are entitled to vacatur of the default judgment and an opportunity to address the matter on its merits (CPLR 5015 *507 [a] [1]; D&R Global Selections, S.L. v Bodega Olegario Falcón Piñeiro, 90 AD3d 403 [1st Dept 2011]).

Concur — Friedman, J.P., Andrias, Saxe and Richter, JJ.

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Bluebook (online)

140 A.D.3d 506, 32 N.Y.S.3d 492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdermott-v-chapski-nyappdiv-2016.

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