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Gorrasi v. Vigliotti

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 2000
278 A.D.2d 275 (N.Y. App. Div. 2000)

Opinion

Argued November 22, 2000.

December 12, 2000.

In an action to recover payment on promissory notes, the defendant appeals from an order of the Supreme Court, Nassau County (McCarty, J.), entered December 30, 1999, which denied his motion to vacate a judgment of the same court (Gibson, R.), entered May 28, 1999, in favor of the plaintiff and against him in the principal sum of $28,200, upon his default in appearing at trial.

Jonathan Fisher, New York, N.Y., for appellant.

Thomas F. Liotti, Garden City, N.Y. (Thomas A. Illmensee of counsel), for respondent.

Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

To vacate a judgment entered upon a default, the movant must establish a reasonable excuse for the default and a meritorious defense to the action (see, CPLR 5015[a]; Barbagallo v. Nationwise Exterminating Deodorizing, 260 A.D.2d 518; Schiller v. Sun Rock Bldg. Corp., 260 A.D.2d 566). The Supreme Court properly denied the defendant's motion, as he failed to establish either a reasonable excuse for his default or a meritorious defense.


Summaries of

Gorrasi v. Vigliotti

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 2000
278 A.D.2d 275 (N.Y. App. Div. 2000)
Case details for

Gorrasi v. Vigliotti

Case Details

Full title:RACHEL GORRASI, RESPONDENT, v. BENNY VIGLIOTTI, APPELLANT

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

Date published: Dec 12, 2000

Citations

278 A.D.2d 275 (N.Y. App. Div. 2000)
718 N.Y.S.2d 212