Appellate Division of the Supreme Court of New York, 2000

Rudes v. Magna Stables Co.

Appellate Division of the Supreme Court of New York · Decided November 14, 2000

277 A.D.2d 63; 715 N.Y.S.2d 315; 2000 N.Y. App. Div. LEXIS 11959

Cases that cite this one

4 later published cases cite this decision.

Primagency, Inc. v. V-Formation, Inc. (Appellate Division of the Supreme Court of New York 2004)
Campos v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2003)
Metral v. Bonifacio (Appellate Division of the Supreme Court of New York 2003)
Latha Restaurant Corp. v. Tower Insurance (Appellate Division of the Supreme Court of New York 2001)

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, Bronx County (Joseph Giamboi, J.), entered June 30, 1999, which denied defendants’ motion to vacate a default judgment, unanimously affirmed, without costs.

*64Defendants’ showing of possible defenses does not relieve them of the burden of showing a reasonable excuse for their failure to appear for trial of an action reached and called for trial (see, CPLR 3215 [a]; 22 NYCRR 202.27 [a]; Goncalves v Stuyvesant Dev. Assocs., 232 AD2d 275). As another Justice said in denying a prior motion by defendants for identical relief, “no cognizable reason for the failure to appear for trial has been advanced whatsoever.” We would add that defendants’ failure to appear for trial was part of a clear pattern of delay. We have considered and rejected defendants’ various arguments that the Court lacked “jurisdiction” to enter the default judgment. Concur — Mazzarelli, J. P., Lerner, Rubin, Buckley and Friedman, JJ.

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