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Schultz v. Ruggiero

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1987
129 A.D.2d 573 (N.Y. App. Div. 1987)

Opinion

April 6, 1987

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


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

A party attempting to vacate a judgment on the ground of excusable default (CPLR 5015 [a] [1]) must establish both that there is a reasonable excuse for the default and that there exists a meritorious claim or defense (see, Passalacqua v Banat, 103 A.D.2d 769). The default in the instant case was not excusable and the existence of a meritorious defense was not established. Mollen, P.J., Brown, Weinstein, Eiber and Harwood, JJ., concur.


Summaries of

Schultz v. Ruggiero

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1987
129 A.D.2d 573 (N.Y. App. Div. 1987)
Case details for

Schultz v. Ruggiero

Case Details

Full title:MARC SCHULTZ et al., Respondents, v. SAL RUGGIERO et al., Appellants

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

Date published: Apr 6, 1987

Citations

129 A.D.2d 573 (N.Y. App. Div. 1987)

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