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M. Cooper Motor Leasing v. Data Discount Ctr.

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1986
125 A.D.2d 454 (N.Y. App. Div. 1986)

Opinion

December 15, 1986

Appeal from the Supreme Court, Queens County (Lerner, J.).


Ordered that the order is affirmed, with costs.

In order for the defendants to be relieved of their default in appearing for trial, they must establish that (1) there is a reasonable excuse for their failure to appear, and (2) there exists a meritorious defense to this action (see, Saltzman v Knockout Chem. Equip. Co., 108 A.D.2d 908; Passalacqua v Banat, 103 A.D.2d 769, appeal dismissed 63 N.Y.2d 770; 5 Weinstein-Korn-Miller, N Y Civ Prac ¶ 5015.04, at 50-288 — 50-289).

The defendants' motion to vacate their default was supported only by the affirmation of their attorney who had no personal knowledge of the facts constituting the alleged meritorious defense. Such an affirmation has no substantive probative value as to a showing of a meritorious defense, and the motion to vacate the defendants' default was therefore properly denied (see, Solargen Elecs. v. General Elec. Co., 86 A.D.2d 792; Andreano v. Testa, 64 A.D.2d 1019; Ferreri v. Winston Mall, 54 A.D.2d 970). Mangano, J.P., Brown, Weinstein and Spatt, JJ., concur.


Summaries of

M. Cooper Motor Leasing v. Data Discount Ctr.

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1986
125 A.D.2d 454 (N.Y. App. Div. 1986)
Case details for

M. Cooper Motor Leasing v. Data Discount Ctr.

Case Details

Full title:M. COOPER MOTOR LEASING, LTD., Respondent, v. DATA DISCOUNT CENTER, INC.…

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

Date published: Dec 15, 1986

Citations

125 A.D.2d 454 (N.Y. App. Div. 1986)

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