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

FRANCISCO PEREZ, PLAINTIFF-APPELLANT, v. VILLA JOSEFA REALTY CORP., DEFENDANT-RESPONDENT.

Defendant was required to show both a meritorious defense and reasonable excuse for the default (see, Brusco v. St. Clare's Hosp., 128 A.D.2d 390, 391, lv denied 70 N.Y.2d 606, appeal dismissed 70 N.Y.2d 692). Plaintiff does not dispute on appeal that defendant showed a meritorious defense. Under the circumstances of this case, we decline to disturb the motion court's acceptance of defendant's excuse, which acceptance was within its discretion (see, Hunter v. Enquirer-Star, 210 A.D.2d 32, 33).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

Use AI to get other relevant cases.

Comments

PEREZ v. VILLA JOSEFA REALTY CORP
(Apr 9, 2002)