Canty v. Gregory
Cases that cite this one
14 later published cases cite this decision.
- Assael v. 15 Broad Street, LLC (Appellate Division of the Supreme Court of New York 2010)
- Segovia v. Delcon Construction Corp. (Appellate Division of the Supreme Court of New York 2007)
- Levi v. Levi (Appellate Division of the Supreme Court of New York 2007)
- Vardaros v. Zapas (Appellate Division of the Supreme Court of New York 2013)
- Vardaros v. Zapas (Appellate Division of the Supreme Court of New York 2013)
- Pimento v. Rojas (Appellate Division of the Supreme Court of New York 2012)
- Glukhman v. Bay 49th St. Condominium, LLC (Appellate Division of the Supreme Court of New York 2012)
- Glukhman v. Bay 49th St. Condominium, LLC (Appellate Division of the Supreme Court of New York 2012)
- Bethune v. Prioleau (Appellate Division of the Supreme Court of New York 2011)
- Gartner v. Unified Windows, Doors & Siding, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Toland v. Young (Appellate Division of the Supreme Court of New York 2009)
- Kramer v. Oil Services, Inc. (Appellate Division of the Supreme Court of New York 2009)
- Cooper v. Cooper (Appellate Division of the Supreme Court of New York 2008)
- Simpson v. Town of Southampton (Appellate Division of the Supreme Court of New York 2007)
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, inter alia, to recover damages for personal injuries, injury to property, and breach of warranty of habitability, the plaintiff appeals from an order of the Supreme Court, Kings County (Kurtz, J.), dated April 7, 2006, which, in effect, granted the defendant’s motion to vacate an order of the same court dated November 18, 2005, granting the plaintiffs motion for leave to enter a default judgment against the defendant on the issue of liability upon her failure to appear or answer the complaint and setting the matter down for an inquest on the issue of damages, and for leave to serve a late answer.
Ordered that the order is reversed, on the law, the facts, and in the exercise of discretion, with costs, and the motion to vacate the order dated November 18, 2005, and for leave to serve a late answer is denied.
In seeking to vacate her default, the defendant was required to demonstrate a reasonable excuse for her delay in appearing and answering the complaint and a potentially meritorious defense to the action (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]; Gray v B. R. Trucking Co., 59 NY2d 649, 650 [1983]). The defendant’s excuse for her lengthy delay in appearing in this action and her failure to oppose the plaintiff’s motion for leave to enter a
Case-law data current through December 31, 2025. Source: CourtListener bulk data.