Wilson v. 4410 Restaurant Corp.

Appellate Division of the Supreme Court of New York

Wilson v. 4410 Restaurant Corp.

245 A.D.2d 443, 666 N.Y.S.2d 470, 1997 N.Y. App. Div. LEXIS 13080

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

DecidedDecember 15, 1997

StatusPublished

This text of 245 A.D.2d 443 (Wilson v. 4410 Restaurant Corp.) 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

Wilson v. 4410 Restaurant Corp., 245 A.D.2d 443, 666 N.Y.S.2d 470, 1997 N.Y. App. Div. LEXIS 13080 (N.Y. Ct. App. 1997).

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Opinion

—In an action to recover damages [444]*444for personal injuries, the defendants 4410 Restaurant Corporation a/k/a Whispers Bar, Winston Arthurs, Desmond A. Reid, Haward Hew, Orville Arthurs, Wendell Cole, Barry Arthurs, and Sharon La Beach appeal from an order of the Supreme Court, Kings County (Bellard, J.), dated May 7, 1997, which denied their application to vacate their default in answering a calendar call and the resulting determination ordering a trial on damages.

Ordered that the order is affirmed, with costs.

In order to vacate their default, the appellants were required to demonstrate a reasonable excuse for their failure to appear at the April 24, 1997, calendar call and a meritorious defense (see, CPLR 5015 [a]; Wood v Martins, 232 AD2d 407). Because the appellants failed to establish either, the Supreme Court did not improvidently exercise its discretion in denying their application to vacate their default. Mangano, P. J., Copertino, Joy, Florio and Luciano, JJ., concur.

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—In an action to recover damages [444]*444for personal injuries, the defendants 4410 Restaurant Corporation a/k/a Whispers Bar, Winston Arthurs, Desmond A. Reid, Haward Hew, Orville Arthurs, Wendell Cole, Barry Arthurs, and Sharon La Beach appeal from an order of the Supreme Court, Kings County (Bellard, J.), dated May 7, 1997, which denied their application to vacate their default in answering a calendar call and the resulting determination ordering a trial on damages.

Ordered that the order is affirmed, with costs.

In order to vacate their default, the appellants were required to demonstrate a reasonable excuse for their failure to appear at the April 24, 1997, calendar call and a meritorious defense (see, CPLR 5015 [a]; Wood v Martins, 232 AD2d 407). Because the appellants failed to establish either, the Supreme Court did not improvidently exercise its discretion in denying their application to vacate their default. Mangano, P. J., Copertino, Joy, Florio and Luciano, JJ., concur.

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Bluebook (online)

245 A.D.2d 443, 666 N.Y.S.2d 470, 1997 N.Y. App. Div. LEXIS 13080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-4410-restaurant-corp-nyappdiv-1997.

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