AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

IONIAN CONSTRUCTION, INC., et al., Appellants, v. MORGRAN STIFTUNG, Respondent, et al., Defendant.

Ordered that the order is affirmed, with costs.

"The decision as to the setting aside of a default in appearing and answering is generally left to the sound discretion of the Supreme Court * * * the exercise of which will generally not be disturbed if there is support in the record therefor" (Mondrone v. Lakeview Auto Sales Serv., 170 A.D.2d 586). A defendant moving to vacate a default in answering must present a reasonable excuse for the delay and a meritorious defense (see, Brosnan v Behette, 186 A.D.2d 165). We are satisfied that the defendant Stiftung in the present case provided a reasonable excuse for his delay in answering. Further, contrary to the plaintiffs' contentions, the record demonstrates that he has met the requirement of establishing a meritorious defense by affidavit of a person with sufficient knowledge of the facts (see, Fidelity Deposit Co. v. Andersen Co., 60 N.Y.2d 693). Thompson, J.P., Santucci, Krausman and Florio, JJ., concur.

Use AI to get other relevant cases.

Comments

IONIAN CONSTRUCTION, INC. v. STIFTUNG
(Mar 21, 1994)