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Smith v. Mogull

156 A.D.2d 554, 550 N.Y.S.2d 830, 1989 N.Y. App. Div. LEXIS 15977
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 18, 1989
StatusPublished

This text of 156 A.D.2d 554 (Smith v. Mogull) 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
Smith v. Mogull, 156 A.D.2d 554, 550 N.Y.S.2d 830, 1989 N.Y. App. Div. LEXIS 15977 (N.Y. Ct. App. 1989).

Opinion

In an action to recover damages for work, labor and services performed, arising from the boarding of horses, the defendant appeals from an order of the Supreme Court, Dutchess County (Benson, J.), dated April 26, 1988, which denied his motion pursuant to CPLR 5015 (a) (1) to vacate a judgment entered upon his default.

Ordered that the order is affirmed, with costs.

A party seeking to be relieved of a default must show that there is merit to his position and that his default is excusable (Pedone v Avco Fin. Servs., 102 AD2d 885; Tat Sang Kvoong v Budge-Wood Laundry Serv., 97 AD2d 691). The defendant has [555]*555failed to meet his burden. Sullivan, J. P., Harwood, Balletta and Rosenblatt, JJ., concur.

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Related

Tat Sang Kwong v. Budge-Wood Laundry Service, Inc.
97 A.D.2d 691 (Appellate Division of the Supreme Court of New York, 1983)
Pedone v. Avco Financial Services of New York, Inc.
102 A.D.2d 885 (Appellate Division of the Supreme Court of New York, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
156 A.D.2d 554, 550 N.Y.S.2d 830, 1989 N.Y. App. Div. LEXIS 15977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-mogull-nyappdiv-1989.