General Motors Acceptance Corp. v. Grade A Auto Body, Inc.
Cases that cite this one
29 later published cases cite this decision. The 25 that cite it most often are listed here.
- Citimortgage, Inc. v. Weaver (Appellate Division of the Supreme Court of New York 2026)
- SFR Funding, Inc. v. Studio Fifty Corp. (Appellate Division of the Supreme Court of New York 2007)
- Cook v. City of New York (New York Supreme Court, Kings County 2025)
- Bedessee Imports, Inc. v. Najjar (Appellate Division of the Supreme Court of New York 2019)
- Nationstar Mtge., LLC v. Farrell (Appellate Division of the Supreme Court of New York 2019)
- Jing Shan Chen v. R & K 51 Realty, Inc. (Appellate Division of the Supreme Court of New York 2017)
- U.S. Bank National Ass'n v. Alba (Appellate Division of the Supreme Court of New York 2015)
- Maria Oca M.D. P.C. v. Allstate Insurance (Civil Court of the City of New York 2012)
- Giraldo v. Weingarten (Appellate Division of the Supreme Court of New York 2011)
- Irwin Mortgage Corp. v. Devis (Appellate Division of the Supreme Court of New York 2010)
- Thas v. Dayrich Trading, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Argent Mortgage Co. v. Vlahos (Appellate Division of the Supreme Court of New York 2009)
- Bank of New York v. Segui (Appellate Division of the Supreme Court of New York 2009)
- 425 East 26th Street Owners Corp. v. Beaton (Appellate Division of the Supreme Court of New York 2008)
- Montefiore Medical Center v. Auto One Insurance (Appellate Division of the Supreme Court of New York 2008)
- Wunsch v. Cerwinski (Appellate Division of the Supreme Court of New York 2007)
- Sime v. Ludhar (Appellate Division of the Supreme Court of New York 2007)
- Rosario v. Beverly Road Realty Co. (Appellate Division of the Supreme Court of New York 2007)
- In re the Estate of Fotiades (Appellate Division of the Supreme Court of New York 2007)
- Levine v. Forgotson's Central Auto & Electric, Inc. (Appellate Division of the Supreme Court of New York 2007)
- CLE Associates, Inc. v. Greene (Appellate Division of the Supreme Court of New York 2007)
- Jefferson v. Netusil (Appellate Division of the Supreme Court of New York 2007)
- Yellow Book of New York, Inc. v. Weiss (Appellate Division of the Supreme Court of New York 2007)
- Anderson v. GHI Auto Service, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Commissioners of State Insurance Fund v. Nobre, Inc. (Appellate Division of the Supreme Court of New York 2006)
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 breach of contract, the defendant Amelia S. Cavanaugh appeals from an order of the Supreme Court, Suffolk County (Eerier, J.), dated July 29, 2003, which denied her motion pursuant to CPLR 5015 (a) (1) to vacate a judgment of the same court entered December 2, 2002, upon her default in appearing or answering the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the appellant’s motion pursuant to CPLR 5015 (a) (1) to vacate her default in appearing or answering the complaint since she failed to proffer a reasonable excuse for her default (see Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 NY2d 138, 141 [1986]; Taylor v Saal, 4 AD3d 467 [2004]; Dominguez v Carioscia, 1 AD3d 396, 397 [2003]). The appellant’s mere denial of receipt of the summons and complaint was insufficient to rebut the presumption of proper service created by the affidavit of service (see Carrenard v Mass, 11 AD3d 501 [2004]; Truscello v Olympia Constr., 294 AD2d 350, 351 [2002]; Wieck v Halpern, 255 AD2d 438 [1998]). Even if the appellant’s motion were treated as one made pursuant to CPLR 317 (see Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., supra at 143; Mann-Tell Realty Corp. v Cappadora Realty Corp., 184 AD2d 497, 498 [1992]), she failed to demonstrate that she did not personally receive notice of the summons in time to defend the action (see 96 Pierrepont v Mauro, 304 AD2d 631 [2003]; Waldon v Plotkin, 303 AD2d 581 [2003]). Moreover, the appellant failed to set forth facts sufficient to establish the existence of a meritorious defense (see Florence Corp. v Penguin Constr. Corp., 227 AD2d 442 [1996]; Brewster Tr. Mix Corp. v McLean, 169 AD2d 1036 [1991]).
The appellant’s contention that the plaintiff failed to timely seek to enter a default judgment (see CPLR 3215 [c]) was not raised in her motion to vacate the default and, therefore, may not be considered for the first time on appeal (see Zeballos v Zeballos, 104 AD2d 1033 [1984]).
The appellant’s remaining contentions are either improperly
Case-law data current through December 31, 2025. Source: CourtListener bulk data.