Yellow Book Co. v. Helman

Appellate Division of the Supreme Court of New York

Yellow Book Co. v. Helman

236 A.D.2d 468, 654 N.Y.S.2d 585, 1997 N.Y. App. Div. LEXIS 1214

Appellate Division of the Supreme Court of the State of New York·Decided February 10, 1997·Published·Cited by 1 cases

Opinion

—In an action to recover damages for breach of contract, the defendant Donald Helman appeals from an order of the Supreme Court, Nassau County (Davis, J.), entered February 5, 1996, which denied his motion to vacate a judgment of the same court, dated December 12, 1994, which had been entered upon his default in answering.

Ordered that the order is affirmed, without costs or disbursements.

We agree with the Supreme Court that since the defendant Donald Helman failed to establish a reasonable excuse for his default in answering, he was not entitled to vacate the judgment entered upon that default (see, CPLR 5015 [a] [1]; Miles v Blue Label Trucking, 232 AD2d 382, Fennell v Mason, 204 AD2d 599). Miller, J. P., Thompson, Joy and Luciano, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action to recover damages for breach of contract, the defendant Donald Helman appeals from an order of the Supreme Court, Nassau County (Davis, J.), entered February 5, 1996, which denied his motion to vacate a judgment of the same court, dated December 12, 1994, which had been entered upon his default in answering.

Ordered that the order is affirmed, without costs or disbursements.

We agree with the Supreme Court that since the defendant Donald Helman failed to establish a reasonable excuse for his default in answering, he was not entitled to vacate the judgment entered upon that default (see, CPLR 5015 [a] [1]; Miles v Blue Label Trucking, 232 AD2d 382, Fennell v Mason, 204 AD2d 599). Miller, J. P., Thompson, Joy and Luciano, JJ., concur.

Yellow Book Co. v. Helman, 236 A.D.2d 468, 654 N.Y.S.2d 585, 1997 N.Y. App. Div. LEXIS 1214 (N.Y. Ct. App. 1997).

Pincite

236 A.D.2d 468 (Yellow Book Co. v. Helman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related