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Matter of Baretto v. Cooper Square Community

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 1989
155 A.D.2d 366 (N.Y. App. Div. 1989)

Opinion

November 28, 1989

Appeal from the Supreme Court, New York County (Ethel Danzig, J.).


To vacate a default judgment pursuant to CPLR 5015 (a) (1) movants are required to demonstrate that the default is excusable and that the action is meritorious. (See, Scopino v St. Joseph's Hosp., 142 A.D.2d 569 [2d Dept 1988].) Petitioners here failed to meet either burden and particularly failed to show that their action to inspect the respondent's membership list, pursuant to Not-For-Profit Corporation Law § 621, was meritorious.

We have considered petitioners' remaining contentions and find them to be without merit.

Concur — Murphy, P.J., Sullivan, Carro, Wallach and Rubin, JJ.


Summaries of

Matter of Baretto v. Cooper Square Community

Appellate Division of the Supreme Court of New York, First Department
Nov 28, 1989
155 A.D.2d 366 (N.Y. App. Div. 1989)
Case details for

Matter of Baretto v. Cooper Square Community

Case Details

Full title:In the Matter of CARMEN BARETTO et al., Appellants, v. COOPER SQUARE…

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

Date published: Nov 28, 1989

Citations

155 A.D.2d 366 (N.Y. App. Div. 1989)