Perez v. Villa Josefa Realty Corp.

Appellate Division of the Supreme Court of New York

Perez v. Villa Josefa Realty Corp.

293 A.D.2d 306, 739 N.Y.S.2d 574, 2002 N.Y. App. Div. LEXIS 3584

Appellate Division of the Supreme Court of the State of New York·Decided April 9, 2002·Published·Cited by 1 cases

Opinion

Order, Supreme Court, New York County (Marilyn Shafer, J.), entered on or about September 7, 2001, which granted defendant’s motion for vacatur of a default judgment entered December 13, 2000, upon payment to plaintiff of $1,055 in costs and disbursements, unanimously affirmed, without costs.

Defendant was required to show both a meritorious defense and reasonable excuse for the default (see, Brusco v St. Clare’s Hosp. & Health Ctr., 128 AD2d 390, 391, lv denied 70 NY2d 606, appeal dismissed 70 NY2d 692). Plaintiff does not dispute on appeal that defendant showed a meritorious defense. Under the circumstances of this case, we decline to disturb the motion court’s acceptance of defendant’s excuse, which acceptance was within its discretion (see, Hunter v Enquirer-Star, Inc., 210 AD2d 32, 33). Concur—Nardelli, J.P., Mazzarelli, Andrias, Rosenberger and Friedman, JJ.

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Order, Supreme Court, New York County (Marilyn Shafer, J.), entered on or about September 7, 2001, which granted defendant’s motion for vacatur of a default judgment entered December 13, 2000, upon payment to plaintiff of $1,055 in costs and disbursements, unanimously affirmed, without costs.

Defendant was required to show both a meritorious defense and reasonable excuse for the default (see, Brusco v St. Clare’s Hosp. & Health Ctr., 128 AD2d 390, 391, lv denied 70 NY2d 606, appeal dismissed 70 NY2d 692). Plaintiff does not dispute on appeal that defendant showed a meritorious defense. Under the circumstances of this case, we decline to disturb the motion court’s acceptance of defendant’s excuse, which acceptance was within its discretion (see, Hunter v Enquirer-Star, Inc., 210 AD2d 32, 33). Concur—Nardelli, J.P., Mazzarelli, Andrias, Rosenberger and Friedman, JJ.

Perez v. Villa Josefa Realty Corp., 293 A.D.2d 306, 739 N.Y.S.2d 574, 2002 N.Y. App. Div. LEXIS 3584 (N.Y. Ct. App. 2002).

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Opinion

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