Williams Elevator Co. v. Grafi

Appellate Division of the Supreme Court of New York

Williams Elevator Co. v. Grafi

277 A.D.2d 311, 715 N.Y.S.2d 879, 2000 N.Y. App. Div. LEXIS 11770

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

DecidedNovember 13, 2000

StatusPublished

Cited by2 cases

This text of 277 A.D.2d 311 (Williams Elevator Co. v. Grafi) 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

Williams Elevator Co. v. Grafi, 277 A.D.2d 311, 715 N.Y.S.2d 879, 2000 N.Y. App. Div. LEXIS 11770 (N.Y. Ct. App. 2000).

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Opinion

—In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated January 20, 2000, which denied his motion to vacate a judgment, entered upon an order of the same court, dated Septem[312]*312ber 4, 1991, granting the plaintiffs unopposed motion to strike his answer for failure to proceed with discovery pro se or to obtain new counsel as directed by a prior order of the same court dated January 24, 1991.

Ordered that the order is affirmed, with costs.

It is well settled that on a motion for leave to vacate a default judgment pursuant to CPLR 5015 (a), a defendant must demonstrate a reasonable excuse for the default and a meritorious defense (see, Wynne v Wagner, 262 AD2d 556; Kolajo v City of New York, 248 AD2d 512; Roussodimou v Zafiriadis, 238 AD2d 568). The defendant failed to demonstrate that he has a meritorious defense to this action (see, Savoy Record Co. v Cardinal Export Corp., 15 NY2d 1, 4; Holzer Assocs. v Orta, 250 AD2d 737; Palisades Off. Group v Kwilecki, 233 AD2d 490; Goldstar Smoked Fish v Greenfield Partners, 206 AD2d 457). Ritter, J. P., Thompson, Friedmann, H. Miller and Feuerstein, JJ., concur.

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—In an action to recover damages for breach of contract, the defendant appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated January 20, 2000, which denied his motion to vacate a judgment, entered upon an order of the same court, dated Septem[312]*312ber 4, 1991, granting the plaintiffs unopposed motion to strike his answer for failure to proceed with discovery pro se or to obtain new counsel as directed by a prior order of the same court dated January 24, 1991.

Ordered that the order is affirmed, with costs.

It is well settled that on a motion for leave to vacate a default judgment pursuant to CPLR 5015 (a), a defendant must demonstrate a reasonable excuse for the default and a meritorious defense (see, Wynne v Wagner, 262 AD2d 556; Kolajo v City of New York, 248 AD2d 512; Roussodimou v Zafiriadis, 238 AD2d 568). The defendant failed to demonstrate that he has a meritorious defense to this action (see, Savoy Record Co. v Cardinal Export Corp., 15 NY2d 1, 4; Holzer Assocs. v Orta, 250 AD2d 737; Palisades Off. Group v Kwilecki, 233 AD2d 490; Goldstar Smoked Fish v Greenfield Partners, 206 AD2d 457). Ritter, J. P., Thompson, Friedmann, H. Miller and Feuerstein, JJ., concur.

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Bluebook (online)

277 A.D.2d 311, 715 N.Y.S.2d 879, 2000 N.Y. App. Div. LEXIS 11770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-elevator-co-v-grafi-nyappdiv-2000.

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