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Rebeil Consulting Corp. v. Kappa Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 540 (N.Y. App. Div. 1997)

Opinion

November 24, 1997

Appeal from the Supreme Court, Nassau County (Lally, J.).


Ordered that the first order dated August 29, 1996, is affirmed; and it is further,

Ordered that the appeal from the second order dated August 29, 1996, is dismissed, as no appeal lies from an order issued ex parte ( see, Shaikh v. Getty Petroleum Corp., 240 A.D.2d 651); and it is further,

Ordered that the respondent is awarded one bill of costs.

In order to establish entitlement to vacatur of a default in interposing an answer, the defendant must establish the existence of a reasonable excuse and a meritorious defense ( see, Putney v. Pearlman, 203 A.D.2d 333; Gamache v. Ahern, 52 A.D.2d 836). There is no merit to the appellants' purported defense of usury based upon a provision in the mortgage involved in this case increasing the interest to a higher rate upon a default in payment ( see, Shorehaven Assocs. v. King, 184 A.D.2d 764; Klapper v. Integrated Agric. Mgt. Co., 149 A.D.2d 765).

The appellants' remaining contentions are similarly without merit.

Bracken, J. P., Pizzuto, Altman and Krausman, JJ., concur.


Summaries of

Rebeil Consulting Corp. v. Kappa Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 540 (N.Y. App. Div. 1997)
Case details for

Rebeil Consulting Corp. v. Kappa Realty Corp.

Case Details

Full title:REBEIL CONSULTING CORP., Respondent, v. KAPPA REALTY CORPORATION, et al.…

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

Date published: Nov 24, 1997

Citations

244 A.D.2d 540 (N.Y. App. Div. 1997)
664 N.Y.S.2d 617

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