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Smallridge v. Macalaster Bicknell Co.

134 A.D.2d 880, 522 N.Y.S.2d 52, 1987 N.Y. App. Div. LEXIS 51071
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 10, 1987
StatusPublished
Cited by6 cases

This text of 134 A.D.2d 880 (Smallridge v. Macalaster Bicknell Co.) 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
Smallridge v. Macalaster Bicknell Co., 134 A.D.2d 880, 522 N.Y.S.2d 52, 1987 N.Y. App. Div. LEXIS 51071 (N.Y. Ct. App. 1987).

Opinion

— Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: It was error for the court to vacate the judgment entered against defendant Fisch on grounds of excusable default (CPLR 5015 [a] [1]). The only excuse offered for defendant’s failure to [881]*881answer was that defendant was suffering from "confusion” and "great personal stress and financial difficulties.” Defendant thus failed to show a reasonable excuse for the delay and also failed to demonstrate that his defense has merit (Gray v B. R. Trucking Co., 59 NY2d 649; Eaton v Equitable Life Assur. Socy., 56 NY2d 900). (Appeals from order of Supreme Court, Monroe County, Boehm, J. — vacate default.) Present— Denman, J. P., Green, Balio, Lawton and Davis, JJ.

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Bluebook (online)
134 A.D.2d 880, 522 N.Y.S.2d 52, 1987 N.Y. App. Div. LEXIS 51071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smallridge-v-macalaster-bicknell-co-nyappdiv-1987.