AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

MOUNT SINAI HOSPITAL OF QUEENS, A/A/O JOSEPHINE BREVOGEL, respondent, v. HERTZ CORPORATION, ET AL., appellants.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

A defendant seeking to vacate a judgment entered upon its failure to appear or answer a complaint must demonstrate both a reasonable excuse for the default and the existence of a meritorious defense ( see Manigat v. Louis, 262 A.D.2d 289). Generally, the determination whether to set aside a default is left to the sound discretion of the Supreme Court, the exercise of which will not be disturbed if there is support in the record ( see Gurreri v. Village of Briarcliff Manor, 249 A.D.2d 508; MacMarty, Inc. v. Scheller, 201 A.D.2d 706). In the instant case, the defendants failed to present a reasonable excuse for their default and failed to establish a meritorious defense. Thus, their motion to vacate the judgment entered upon their failure to appear or answer the complaint was properly denied.

FLORIO, J.P., KRAUSMAN, LUCIANO, TOWNES and RIVERA, JJ., concur.

Use AI to get other relevant cases.

Comments

MOUNT SINAI HOSPITAL OF QUEENS v. HERTZ CORP
(Jan 20, 2004)