Trawally v. East Clarke Realty Corp.

Appellate Division of the Supreme Court of New York

Trawally v. East Clarke Realty Corp.

92 A.D.3d 471, 937 N.Y.2d 851

Appellate Division of the Supreme Court of the State of New York·Decided February 9, 2012·Published·Cited by 2 cases

Opinion

Defendants moved pursuant to CPLR 5015 (a) (1) to vacate the order striking their answer. A party seeking such relief must establish a reasonable excuse for its underlying default as well as a meritorious defense (see Ogen v Nordstrom, 85 AD3d 552 [2011]). Defendants’ purported showing of a meritorious defense was insufficient because it was based on the affirmation of an attorney who had no personal knowledge of the facts alleged (see Thelen LLP v Omni Contr. Co., Inc., 79 AD3d 605, 606 [2010], lv denied 17 NY3d 713 [2011]). Concur — Saxe, J.E, Sweeny, Acosta and DeGrasse, JJ.

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Defendants moved pursuant to CPLR 5015 (a) (1) to vacate the order striking their answer. A party seeking such relief must establish a reasonable excuse for its underlying default as well as a meritorious defense (see Ogen v Nordstrom, 85 AD3d 552 [2011]). Defendants’ purported showing of a meritorious defense was insufficient because it was based on the affirmation of an attorney who had no personal knowledge of the facts alleged (see Thelen LLP v Omni Contr. Co., Inc., 79 AD3d 605, 606 [2010], lv denied 17 NY3d 713 [2011]). Concur — Saxe, J.E, Sweeny, Acosta and DeGrasse, JJ.

Trawally v. East Clarke Realty Corp., 92 A.D.3d 471, 937 N.Y.2d 851 (N.Y. Ct. App. 2012).

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