From Casetext: Smarter Legal Research

Moss v. Cooley

Appellate Division of the Supreme Court of New York, Third Department
Oct 7, 1983
97 A.D.2d 590 (N.Y. App. Div. 1983)

Opinion

October 7, 1983

Motion for reargument granted, without costs, and decision dated October 28, 1982 rescinded, and order entered November 3, 1982 vacated (see Bernard v City School Dist., 96 A.D.2d 995).


Upon reargument, order of Special Term entered November 16, 1981, which granted defendants' motion to vacate a default judgment rendered in favor of plaintiff reversed, without costs, and motion by defendants denied. Upon review of the record in this case, we conclude that defendants failed to establish a meritorious defense and, therefore, Special Term abused its discretion in granting defendants' motion to vacate the default (see Stolowitz v Mount Sinai Hosp., 60 N.Y.2d 685; Gray v B.R. Trucking Co., 59 N.Y.2d 649). This determination is without prejudice to a motion for renewal by defendants at Special Term for consideration of an affidavit of merits. Sweeney, J.P., Kane, Main, Mikoll and Yesawich, Jr., JJ., concur.


Summaries of

Moss v. Cooley

Appellate Division of the Supreme Court of New York, Third Department
Oct 7, 1983
97 A.D.2d 590 (N.Y. App. Div. 1983)
Case details for

Moss v. Cooley

Case Details

Full title:GEORGE MOSS, as Administrator of the Estate of RUTH L. MOSS, Deceased…

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

Date published: Oct 7, 1983

Citations

97 A.D.2d 590 (N.Y. App. Div. 1983)