Appellate Division of the Supreme Court of New York, 1973

Ad Press Ltd. v. Environmental Enterprises, Inc.

Appellate Division of the Supreme Court of New York · Decided February 26, 1973

41 A.D.2d 636; 341 N.Y.S.2d 124; 1973 N.Y. App. Div. LEXIS 5024

Cases that cite this one

7 later published cases cite this decision.

Salvagne v. Transamerica Insurance (Appellate Division of the Supreme Court of New York 1983)
Klein v. Actors & Directors Lab (Appellate Division of the Supreme Court of New York 1983)
Edenwald Contracting Co. v. City of New York (Appellate Division of the Supreme Court of New York 1982)
Skinner v. Skinner (Appellate Division of the Supreme Court of New York 1982)
New York City Housing Authority v. Torres (Appellate Division of the Supreme Court of New York 1978)
Commissioners of State Insurance Fund v. AtLantic Sandblasting Service, Inc. (Appellate Division of the Supreme Court of New York 1977)
Cislo v. Di Pasquale (Appellate Division of the Supreme Court of New York 1976)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order, -Supreme Court, New York County, entered on November *63713, 1972, denying plaintiff’s motion tó dismiss the. counterclaim and granting defendant’s cross motion to vacate the default judgment, unanimously reversed, on the law and the facts, defendant’s cross motion to vacate thé default judgment denied and plaintiff’s motion to dismiss the counterclaim granted. Appellant shall recover of respondent $60 costs and disbursements of this appeal. In order to vacate a default judgment, there must be a showing of both a valid excuse for the default and a meritorious defense (Levine v. Fat-Bar Argentinian Corner Best., 18. A D 2d '611; Mingis v. Daitch Crystal Dairies, 32 A D 2d 746). No affidavit of merits was annexed by the only party who had direct knowledge' of the alleged defense. The defense, itself, claiming that the. plaintiff’s right to be paid for its printing services was contingent upon the success of the defendant’s aborted public offering is refuted by documentary evidence to the contrary. Reinstatement of the default judgment by this court necessarily requires dismissal of the counterclaim. Concur — Stevens, P. J;, McGivern, Markewich, Nunez and Lane, JJ. • • .. .

Case-law data current through December 31, 2025. Source: CourtListener bulk data.