Appellate Division of the Supreme Court of New York, 2000

Gaynor & Bass v. Arcadipane

Appellate Division of the Supreme Court of New York · Decided January 18, 2000

268 A.D.2d 296; 700 N.Y.S.2d 818; 2000 N.Y. App. Div. LEXIS 500

Cases that cite this one

3 later published cases cite this decision.

Stephan B. Gleich & Associates v. Gritsipis (Appellate Division of the Supreme Court of New York 2011)
Arrow Financial Services, LLC v. Benjamin (Civil Court of the City of New York 2017)
Verde Electric Corp. v. Federal Insurance (Appellate Division of the Supreme Court of New York 2008)

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 *297County (Leland DeGrasse, J.), entered July 12, 1999, which, in this action to recover unpaid attorneys’ fees, granted defendant’s motion to vacate a default judgment, unanimously affirmed, with costs.

The motion court properly vacated the default judgment entered by the Clerk of the Court pursuant to CPLR 3215 (a) where two of the plaintiff’s causes of action were based on quantum meruit and, therefore, were not for a sum certain (see, Geer DuBois & Co. v Scott & Sons Co., 25 AD2d 423). Vacatur of the default judgment was also warranted on the ground that defendant had demonstrated both a reasonable excuse for its default and an adequate showing of merit (cf., Kellert v Mail Boxes, Etc., 248 AD2d 127). Concur—Rosenberger, J. P., Ellerin, Wallach, Lerner and Andrias, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.