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

GERALDINE M. KING et al., Appellants, v. CITY OF WATERVLIET, Respondent.

We reject plaintiffs' contention that Supreme Court erred in denying their motion to vacate the default judgment entered against them. The record supports the conclusion that plaintiffs failed to establish a justifiable excuse for the default and a meritorious claim (see, Amity Plumbing Heating Supply Corp. v Zito Plumbing Heating Corp., 110 A.D.2d 863). They did not offer a credible excuse for their failure to timely serve their papers in opposition to defendant's motion for summary judgment (see, Henderson v. Stilwell, 116 A.D.2d 861, lv denied 68 N.Y.2d 606; Dominski v. Firestone Tire Rubber Co., 92 A.D.2d 704). As the court noted, plaintiffs' affidavits offered only conclusory averments which failed to show the existence of a triable issue of fact to defeat the initial motion for summary judgment and thus failed to establish a meritorious claim (see, Saeed v Boulevard Hosp., 109 A.D.2d 831). The parties' remaining arguments have been considered and rejected as lacking in merit.

Casey, J.P., Weiss, Levine, Mercure and Harvey, JJ., concur. Ordered that the order is affirmed, without costs.

Use AI to get other relevant cases.

Comments

KING v. CITY OF WATERVLIET
(Nov 7, 1991)