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Cooper v. P T General Contracting Corp.

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 1999
260 A.D.2d 423 (N.Y. App. Div. 1999)

Opinion

April 12, 1999

Appeal from the Supreme Court, Kings County (Barasch, J.).


Ordered that the order dated May 14, 1998, is reversed insofar as appealed from, as a matter of discretion, with costs, that branch of the defendant's motion which was to vacate the order dated December 9, 1997, is denied, and the order dated December 9, 1997, granting the plaintiffs' motion for leave to enter a judgment on the issue of liability and directing an inquest on the issue of damages is reinstated.

The defendant moved, inter alia, pursuant to CPLR 5015 (a) (1) to vacate an order entered against it by the plaintiffs upon its default in answering or appearing. However, because the defendant demonstrated neither a reasonable excuse for its default nor a meritorious defense, the Supreme Court improvidently exercised its discretion in granting that relief ( see, Roussodimou v. Zafiriadis, 238 A.D.2d 568; Fennell v. Mason, 204 A.D.2d 599; Putney v. Pearlman, 203 A.D.2d 333).

O'Brien, J. P., Ritter, Joy and Altman, JJ., concur.


Summaries of

Cooper v. P T General Contracting Corp.

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 1999
260 A.D.2d 423 (N.Y. App. Div. 1999)
Case details for

Cooper v. P T General Contracting Corp.

Case Details

Full title:MARIANNE COOPER et al., Appellants, v. P T GENERAL CONTRACTING CORP.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 12, 1999

Citations

260 A.D.2d 423 (N.Y. App. Div. 1999)
686 N.Y.S.2d 715

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