AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
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)

VINCENT O'SHEA, appellant, v. KEVIN BITTROLFF, respondent.

DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the order dated May 16, 2001, is reinstated.

It is incumbent upon a defendant moving to vacate a default judgment to show a reasonable excuse for the default and the existence of a meritorious defense (see Koslosky v. Koslosky, 267 A.D.2d 357). The defendant did not offer a reasonable excuse for his default. The only excuse offered for the failure to serve a timely answer and to oppose the plaintiff's motion for leave to enter a default judgment was delay caused by the defendant's insurance carrier, which is insufficient (see Miles v. Blue Label Trucking, 232 A.D.2d 382).

FLORIO, J.P., FEUERSTEIN, McGINITY and SCHMIDT, JJ., concur.

Use AI to get other relevant cases.

Comments

O'SHEA v. BITTROLFF
(Feb 13, 2003)