[DOWNLOAD] "Antoinette Mondrone v. Lakeview Auto Sales and Service" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Antoinette Mondrone v. Lakeview Auto Sales and Service
- Author : Supreme Court of New York
- Release Date : January 19, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
DECISION & ORDER 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 (see, Ehmer v Modernismo Pub., 120 A.D.2d 483, 484), the exercise of which will generally
not be disturbed if there is support in the record therefor (see, Machnick Bldrs. v Grand Union Co., 52 A.D.2d 655; see also,
Eichen v George B. Jr. Realty, 154 A.D.2d 428). In the instant case, although the defendant presented a reasonable excuse
for its default, the record supports the Supreme Court's determination that it had failed to show the existence of any meritorious
defense. Accordingly, the vacatur of the default was properly denied (see, Matter of State of New York v Wiley, 117 A.D.2d
856; see also, Canter v Mulnick, 60 N.Y.2d 689). "We do not agree with the defendant that in view of the brevity of the default
* * * an affidavit of merits was not required" (Abrams v Abrams, 56 A.D.2d 775). Disposition ORDERED that the appeal from the order entered June 23, 1989, is dismissed, as that order was superseded by the
order entered September 22, 1989, made upon reargument; and it is further.