Schultz v. Ruggiero

Appellate Division of the Supreme Court of New York

Schultz v. Ruggiero

129 A.D.2d 573, 514 N.Y.S.2d 71, 1987 N.Y. App. Div. LEXIS 45238

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

DecidedApril 6, 1987

StatusPublished

Cited by1 cases

This text of 129 A.D.2d 573 (Schultz v. Ruggiero) 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

Schultz v. Ruggiero, 129 A.D.2d 573, 514 N.Y.S.2d 71, 1987 N.Y. App. Div. LEXIS 45238 (N.Y. Ct. App. 1987).

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Opinion

In an action, inter alia, to recover damages for assault, the defendants appeal from so much of an order of the Supreme Court, Kings County (Krausman, J.), dated October 10, 1985, as denied that branch of their motion which was [574]*574to vacate a default judgment against them on the ground of excusable default.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

A party attempting to vacate a judgment on the ground of excusable default (CPLR 5015 [a] [1]) must establish both that there is a reasonable excuse for the default and that there exists a meritorious claim or defense (see, Passalaequa v Banat, 103 AD2d 769). The default in the instant case was not excusable and the existence of a meritorious defense was not established. Mollen, P. J., Brown, Weinstein, Eiber and Harwood, JJ., concur.

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In an action, inter alia, to recover damages for assault, the defendants appeal from so much of an order of the Supreme Court, Kings County (Krausman, J.), dated October 10, 1985, as denied that branch of their motion which was [574]*574to vacate a default judgment against them on the ground of excusable default.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

A party attempting to vacate a judgment on the ground of excusable default (CPLR 5015 [a] [1]) must establish both that there is a reasonable excuse for the default and that there exists a meritorious claim or defense (see, Passalaequa v Banat, 103 AD2d 769). The default in the instant case was not excusable and the existence of a meritorious defense was not established. Mollen, P. J., Brown, Weinstein, Eiber and Harwood, JJ., concur.

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Bluebook (online)

129 A.D.2d 573, 514 N.Y.S.2d 71, 1987 N.Y. App. Div. LEXIS 45238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schultz-v-ruggiero-nyappdiv-1987.

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