Domenikos v. Miranda
Cases that cite this one
7 later published cases cite this decision.
- Fekete v. Camp Skwere (Appellate Division of the Supreme Court of New York 2005)
- Warren v. Allstate Insurance (Appellate Division of the Supreme Court of New York 2002)
- Mucci v. Preferred Construction, Inc. (Appellate Division of the Supreme Court of New York 2001)
- Mootoo v. Ruiz (Appellate Division of the Supreme Court of New York 2001)
- Lew v. Lamia (Appellate Division of the Supreme Court of New York 2000)
- McCleaver v. VanFossen (Appellate Division of the Supreme Court of New York 2000)
- Neuman v. Greenblatt (Appellate Division of the Supreme Court of New York 1999)
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 damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Queens County (Durante, J.), dated April 9, 1998, which denied his motion for leave to vacate a judgment of the same court, entered upon his default in answering.
Ordered that the order is affirmed, with costs.
It is well settled that in order to vacate a judgment entered upon a party’s default, the movant must demonstrate a reasonable excuse and meritorious defense to the action (see, Roussodimou v Zafiriadis, 238 AD2d 568; Fennell v Mason, 204 AD2d 599; Putney v Pearlman, 203 AD2d 333). In this case, the affidavit which the defendant submitted in support of his motion failed to illustrate personal knowledge of evidentiary facts constituting a valid defense (see, Fidelity & Deposit Co. v Andersen & Co., 60 NY2d 693). Rosenblatt, J. P., O’Brien, Sullivan, Krausman and Florio, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.