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Swart v. Lehmann

Appellate Division of the Supreme Court of New York, Third Department
May 25, 1972
39 A.D.2d 807 (N.Y. App. Div. 1972)

Opinion

May 25, 1972


Appeal from an order of the Supreme Court at Special Term, entered in Ulster County, which denied appellant's motion to vacate a default judgment entered January 15, 1971 in Ulster County in favor of respondent and against appellant. To vacate a judgment entered because of excusable default, the defaulting party must show pursuant to CPLR 5015 (subd. [a], par. 1), a valid excuse for the default and a meritorious defense. ( Arnold v. Weidman, 38 A.D.2d 362; Wall v. Bennett, 33 A.D.2d 827.) Conclusory allegations of appellant and his counsel that a meritorious defense exists, are not sufficient to warrant relief, nor are allegations contained in an unverified answer and counterclaim. (Cf. Industrial Bank of Schenectady v. Jack, 284 App. Div. 1083.) Furthermore, appellant's excuse that the default was occasioned when he was unavoidably detained by a business emergency is contradicted by other statements by him contained in the record. Order affirmed, with costs. Herlihy, P.J., Staley, Jr., Cooke, Sweeney and Simons, JJ., concur.


Summaries of

Swart v. Lehmann

Appellate Division of the Supreme Court of New York, Third Department
May 25, 1972
39 A.D.2d 807 (N.Y. App. Div. 1972)
Case details for

Swart v. Lehmann

Case Details

Full title:GEORGE C. SWART, Doing Business as HENRY H. SWART SON, Respondent, v…

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

Date published: May 25, 1972

Citations

39 A.D.2d 807 (N.Y. App. Div. 1972)

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