Tivoli v. Expedite Mediation Arbitration Services, Inc.

Appellate Division of the Supreme Court of New York

Tivoli v. Expedite Mediation Arbitration Services, Inc.

269 A.D.2d 442, 702 N.Y.S.2d 911, 2000 N.Y. App. Div. LEXIS 1454

Appellate Division of the Supreme Court of the State of New York·Decided February 14, 2000·Published

Opinion

—In an action, inter alia, to recover damages for breach of a shareholders’ agreement, the plaintiff appeals from an order of the Supreme Court, Nassau County (Roberto, J.), dated March 17, 1999, which, inter alia, denied his motion to vacate the dismissal of the complaint upon his default in proceeding with the trial.

Ordered that the order is affirmed, with costs.

To vacate a default, a plaintiff must demonstrate a reasonable excuse for his failure to proceed, a meritorious claim, and a defense to counterclaims (see generally, Fidelity & Deposit Co. v Anderson & Co., 60 NY2d 693; Berra v Mughal, 228 AD2d 401). The plaintiff failed to establish these elements. Mangano, P. J., Santucci, Krausman, Florio and Schmidt, JJ., concur.

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—In an action, inter alia, to recover damages for breach of a shareholders’ agreement, the plaintiff appeals from an order of the Supreme Court, Nassau County (Roberto, J.), dated March 17, 1999, which, inter alia, denied his motion to vacate the dismissal of the complaint upon his default in proceeding with the trial.

Ordered that the order is affirmed, with costs.

To vacate a default, a plaintiff must demonstrate a reasonable excuse for his failure to proceed, a meritorious claim, and a defense to counterclaims (see generally, Fidelity & Deposit Co. v Anderson & Co., 60 NY2d 693; Berra v Mughal, 228 AD2d 401). The plaintiff failed to establish these elements. Mangano, P. J., Santucci, Krausman, Florio and Schmidt, JJ., concur.

Tivoli v. Expedite Mediation Arbitration Services, Inc., 269 A.D.2d 442, 702 N.Y.S.2d 911, 2000 N.Y. App. Div. LEXIS 1454 (N.Y. Ct. App. 2000).

Pincite

269 A.D.2d 442 (Tivoli v. Expedite Mediation Arbitration Services, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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