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Seiferth v. Moody

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1996
229 A.D.2d 385 (N.Y. App. Div. 1996)

Opinion

July 1, 1996

Appeal from the Supreme Court, Nassau County (Robbins, J.).


Ordered that the order is modified, by adding thereto a further condition that counsel for the respondents pay $1500 to the plaintiffs; as so modified, the order is affirmed, without costs or disbursements, and the time for the respondents' counsel to pay the $1500 to the plaintiffs is extended until 20 days after service upon them of a copy of this decision and order with notice of entry.

Contrary to the plaintiffs' contention, the Supreme Court did not improvidently exercise its discretion in granting the motion of the defendants Thomas J. Moody and James D. Moody to vacate the default judgment since these defendants established a reasonable excuse for their default and a meritorious defense ( see, CPLR 5015 [a] [1]; Fennell v. Mason, 204 A.D.2d 599; Putney v. Pearlman, 203 A.D.2d 333). However, as a further condition to vacating the default judgment, the respondents' counsel must pay $1500 to the plaintiffs. O'Brien, J.P., Ritter, Pizzuto and Altman, JJ., concur.


Summaries of

Seiferth v. Moody

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1996
229 A.D.2d 385 (N.Y. App. Div. 1996)
Case details for

Seiferth v. Moody

Case Details

Full title:KENNETH SEIFERTH et al., Appellants, v. THOMAS J. MOODY et al.…

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

Date published: Jul 1, 1996

Citations

229 A.D.2d 385 (N.Y. App. Div. 1996)
644 N.Y.S.2d 645