Cazeau v. Paul
Cases that cite this one
6 later published cases cite this decision.
- US Bank National Association, as Trustee for Credit (Appellate Division of the Supreme Court of New York 2016)
- US Bank National Ass'n v. Thurm (Appellate Division of the Supreme Court of New York 2016)
- Feldman v. Delaney (Appellate Division of the Supreme Court of New York 2012)
- Brown v. Vanchieri (Appellate Division of the Supreme Court of New York 2009)
- M.S. Hi-Tech, Inc. v. Thompson (Appellate Division of the Supreme Court of New York 2005)
- Kahlke v. Buscemi (Appellate Division of the Supreme Court of New York 2004)
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
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the action is restored to the trial calendar.
A case dismissed pursuant to 22 NYCRR 202.27 may be restored only if the plaintiff can demonstrate both a reasonable excuse for the default and a meritorious cause of action (see CPLR 5015 [a] [1]; Lopez v Imperial Delivery Serv., 282 AD2d 190, 197 [2001]). Such a motion must be made within one year after service of the order or judgment entered upon the default (see CPLR 5015 [a] [1]). In this case, the plaintiff made a timely motion to restore the action to the trial calendar. In addition, the plaintiff set forth a meritorious cause of action in his affidavit of merit, and the temporary inability of counsel to contact his client constituted a reasonable excuse for the default. Ritter, J.P., Smith, Friedmann, H. Miller and Crane, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.