From Casetext: Smarter Legal Research

Galleria Associates v. Stevens

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 590 (N.Y. App. Div. 1994)

Opinion

October 11, 1994

Appeal from the Supreme Court, Westchester County (Wood, J.).


Ordered that the appeal from the decision dated May 6, 1993 is dismissed, as no appeal lies from a decision (see, Schicchi v Green Constr. Corp., 100 A.D.2d 509); and it is further,

Ordered that the order dated May 26, 1993 is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

We find that the Supreme Court did not improvidently exercise its discretion in denying the appellants' motion to vacate the default judgment. The motion was untimely and the appellants failed to establish both a reasonable excuse for their default and the existence of a meritorious defense (see, Putney v Pearlman, 203 A.D.2d 333; Fennell v. Mason, 204 A.D.2d 599; Schiavetta v. McKeon, 190 A.D.2d 724; De Vito v. Marine Midland Bank, 100 A.D.2d 530; Di Gangi v. Schiffgens, 90 A.D.2d 805).

We have examined the appellants' remaining contentions and find them to be without merit. Sullivan, J.P., Rosenblatt, Altman, Hart and Friedmann, JJ., concur.


Summaries of

Galleria Associates v. Stevens

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 590 (N.Y. App. Div. 1994)
Case details for

Galleria Associates v. Stevens

Case Details

Full title:GALLERIA ASSOCIATES, Respondent, v. VLAD STEVENS et al., Appellants, et…

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

Date published: Oct 11, 1994

Citations

208 A.D.2d 590 (N.Y. App. Div. 1994)
618 N.Y.S.2d 237

Citing Cases

Ishaq v. Batra

Ravi Batra now appeals from the decision entered March 23, 1989, the judgment dated December 20, 1989, and…

Housberg v. Curtin

In any event, the appeal was untimely taken (see, CPLR 5513; Hecht v. City of New York, 60 N.Y.2d 57, 61,…