Appellate Division of the Supreme Court of New York, 1995

Hugyecz v. 99 Commercial Street, Inc.

Appellate Division of the Supreme Court of New York · Decided December 4, 1995

222 A.D.2d 405; 635 N.Y.S.2d 513; 1995 N.Y. App. Div. LEXIS 12559

Cases that cite this one

2 later published cases cite this decision.

Stewart v. Odunsi (Appellate Division of the Supreme Court of New York 1999)
American Home Assurance Co. v. Choudary (Appellate Division of the Supreme Court of New York 1998)

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

—In an action to recover on an instrument, which was commenced by a motion for summary *406judgment in lieu of complaint pursuant to CPLR 3213, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Lane, J.), dated June 29, 1994, as denied its motion to vacate a judgment entered on its default.

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

The defendant failed to offer a justifiable excuse for its default in this case. Thus, its motion to vacate the judgment entered on its default was properly denied (see, Fidelity & Deposit Co. v Andersen & Co., 60 NY2d 693, 695). Mangano, P. J., Miller, Copertino, Santucci and Hart, JJ., concur.

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