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La Griglia, Inc. v. Firemen's Insurance

Appellate Division of the Supreme Court of New York, Third Department
Nov 10, 1993
198 A.D.2d 637 (N.Y. App. Div. 1993)

Opinion

November 10, 1993

Appeal from the Supreme Court, Greene County (Connor, J.).


A party seeking to vacate a default must demonstrate a reasonable excuse for the default, a meritorious claim and the absence of willfulness (Ryan v Ryan, 177 A.D.2d 895). Plaintiff has failed to demonstrate legal merit to his claim or a legitimate excuse for his willful failure to appear for trial on the date set by court order as a day certain. There was no abuse of Supreme Court's discretion in denying the motion to vacate the default judgments.

Yesawich Jr., Mercure, Crew III and Mahoney, JJ., concur. Ordered that the orders are affirmed, with one bill of costs.


Summaries of

La Griglia, Inc. v. Firemen's Insurance

Appellate Division of the Supreme Court of New York, Third Department
Nov 10, 1993
198 A.D.2d 637 (N.Y. App. Div. 1993)
Case details for

La Griglia, Inc. v. Firemen's Insurance

Case Details

Full title:LA GRIGLIA, INC., Appellant, v. FIREMEN'S INSURANCE COMPANIES et al.…

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

Date published: Nov 10, 1993

Citations

198 A.D.2d 637 (N.Y. App. Div. 1993)
604 N.Y.S.2d 838

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