Moss v. Cooley

Appellate Division of the Supreme Court of New York

Moss v. Cooley

97 A.D.2d 590, 467 N.Y.S.2d 291, 1983 N.Y. App. Div. LEXIS 20206

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

DecidedOctober 7, 1983

StatusPublished

This text of 97 A.D.2d 590 (Moss v. Cooley) 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

Moss v. Cooley, 97 A.D.2d 590, 467 N.Y.S.2d 291, 1983 N.Y. App. Div. LEXIS 20206 (N.Y. Ct. App. 1983).

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Opinion

Motion for reargument granted, without costs, and decision dated October 28, 1982 rescinded, and order entered November 3, 1982 vacated (see Bernard v City School Dist., 96 AD2d 995). Upon reargument, order of Special Term entered November 16, 1981, which granted defendants’ motion to vacate a default judgment rendered in favor of plaintiff reversed, without costs, and motion by defendants denied. Upon review of the record in this case, we conclude that defendants failed to establish a meritorious defense and, therefore, Special Term abused its discretion in granting defendants’ motion to vacate the default (see Stolowitz v Mount Sinai Hosp., 60 NY2d 685; Gray v B.R. Trucking Co., 59 NY2d 649). This determination is without prejudice to a motion for renewal by defendants at Special Term for consideration of an affidavit of merits. Sweeney, J. P., Kane, Main, Mikoll and Yesawich, Jr., JJ., concur.

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Motion for reargument granted, without costs, and decision dated October 28, 1982 rescinded, and order entered November 3, 1982 vacated (see Bernard v City School Dist., 96 AD2d 995). Upon reargument, order of Special Term entered November 16, 1981, which granted defendants’ motion to vacate a default judgment rendered in favor of plaintiff reversed, without costs, and motion by defendants denied. Upon review of the record in this case, we conclude that defendants failed to establish a meritorious defense and, therefore, Special Term abused its discretion in granting defendants’ motion to vacate the default (see Stolowitz v Mount Sinai Hosp., 60 NY2d 685; Gray v B.R. Trucking Co., 59 NY2d 649). This determination is without prejudice to a motion for renewal by defendants at Special Term for consideration of an affidavit of merits. Sweeney, J. P., Kane, Main, Mikoll and Yesawich, Jr., JJ., concur.

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Bluebook (online)

97 A.D.2d 590, 467 N.Y.S.2d 291, 1983 N.Y. App. Div. LEXIS 20206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moss-v-cooley-nyappdiv-1983.

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