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Garkusha v. Mutual of Omaha Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1999
259 A.D.2d 466 (N.Y. App. Div. 1999)

Opinion

March 1, 1999

Appeal from the Supreme Court, Rockland County (Sherwood, J.).


Ordered that the order is affirmed, with costs.

On his motion pursuant to CPLR 5015 (a) to vacate his default in responding to the defendant's motion for summary judgment, the plaintiff was required to demonstrate a reasonable excuse for his default and a meritorious (1) cause of action, and (2) defense to the counterclaim ( see, Medric Constr. v. J.W. Mays, Inc., 230 A.D.2d 832; Peterson v. Scandurra Trucking Co., 226 A.D.2d 691). As he failed to satisfy these requirements, the Supreme Court properly denied his motion.

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


Summaries of

Garkusha v. Mutual of Omaha Insurance Company

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1999
259 A.D.2d 466 (N.Y. App. Div. 1999)
Case details for

Garkusha v. Mutual of Omaha Insurance Company

Case Details

Full title:GEORGE R. GARKUSHA, Appellant, v. MUTUAL OF OMAHA INSURANCE COMPANY…

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

Date published: Mar 1, 1999

Citations

259 A.D.2d 466 (N.Y. App. Div. 1999)
684 N.Y.S.2d 882

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