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McCaskill v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1993
192 A.D.2d 647 (N.Y. App. Div. 1993)

Opinion

April 19, 1993

Appeal from the Supreme Court, Kings County (Clemente, J.).


Ordered that the order is reversed, on the law, with costs, the defendant's motion is denied, and the matter is remitted to the Supreme Court, Kings County, for an inquest.

A court is authorized to vacate an order granting leave to enter a default judgment only upon a showing of an excusable default and a meritorious defense (see, CPLR 5015 [a] [1]). The movant's failure to assert facts constituting a meritorious defense was fatal to its motion to vacate (see, Stewart v Warren, 134 A.D.2d 585). Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.


Summaries of

McCaskill v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1993
192 A.D.2d 647 (N.Y. App. Div. 1993)
Case details for

McCaskill v. City of New York

Case Details

Full title:JACQUELINE McCASKILL, Individually and as Parent and Natural Guardian of…

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

Date published: Apr 19, 1993

Citations

192 A.D.2d 647 (N.Y. App. Div. 1993)
598 N.Y.S.2d 729

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