Ateres Hasofrim, Inc. v. Kralik
Cases that cite this one
5 later published cases cite this decision.
- Best Modular Structures, Sets & Servs., LLC v. Flynn (Appellate Division of the Supreme Court of New York 2020)
- Matter of State of New York v. Abdul A. (Appellate Division of the Supreme Court of New York 2014)
- HSBC Bank USA, National Ass'n v. Wider (Appellate Division of the Supreme Court of New York 2012)
- HSBC Bank USA, National Ass'n v. Wider (Appellate Division of the Supreme Court of New York 2012)
- Lane v. Smith (Appellate Division of the Supreme Court of New York 2011)
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 wrongful eviction, the defendant Galaxy Assets Corp. appeals from a judgment of the Supreme Court, Rockland County (Berliner, J.), entered October 16, 2007, which, upon an order of the same court dated August 7, 2007, denying its motion, madé jointly with the defendant Alan Fattal, inter alia, to vacate its default in answering the complaint, is in favor of the plaintiff and against it in the principal sum of $586,455.96.
Ordered that the judgment is affirmed, with costs.
In order to vacate its default in answering the complaint, the defendant Galaxy Assets Corp. (hereinafter the appellant) was required to demonstrate a reasonable excuse for its failure to serve an answer and a potentially meritorious defense (see CPLR 5015 [a] [1]; Forward Door of N.Y., Inc. v Forlader, 41 AD3d 535 [2007]; Piton v Cribb, 38 AD3d 741 [2007]; Fekete v Camp Skwere, 16 AD3d 544, 545 [2005]). What constitutes a reasonable excuse lies within the trial court’s discretion (see Santiago v New York City Health & Hosps. Corp., 10 AD3d 393, 394 [2004]; Roussodimou v Zafiriadis, 238 AD2d 568, 569 [1997]; Grutman v Southgate At Bar Harbor Home Owners' Assn., 207 AD2d 526, 527 [1994]).
Here, the record supports the Supreme Court’s determination that the appellant failed to offer a reasonable excuse for its default. The excuse, that it believed it was being defended by attorneys that had handled an earlier related holdover proceeding, is unavailing in the absence of evidence that the attorneys
Case-law data current through September 30, 2026. Source: CourtListener bulk data.