- Bookmark
- Share
- CaseIQ
PEMBERTON v. FUCHS
Appellate Division of the Supreme Court of New York, Second Department.
Dec 23, 2008
Important Paras
Please sign up to view Important Paras.
Ordered that the order dated October 25, 2007 is affirmed, with costs.
The defendant was properly served with the plaintiff's motion to hold him in contempt ( see Corpuel v Galasso, 240 AD2d 531; Rothkopf v Rothkopf, 191 AD2d 685). On this motion to vacate his default in opposing that motion, he was required to demonstrate both a reasonable excuse for his default in opposing the motion and a meritorious opposition to the motion ( see Raciti v Sands Point Nursing Home, 54 AD3d 1014 Ayiku v Viteritti, 54 AD3d 789; CPLR 5015 [a] [1]). He failed to do either.
The defendant's remaining contentions are without merit.
x
Alert
Please log in or sign up for a free trial to access this feature.