Appellate Division of the Supreme Court of New York, 2012

Yearwood v. Post Park, LLC

Appellate Division of the Supreme Court of New York · Decided January 17, 2012

91 A.D.3d 766; 936 N.Y.2d 893

Cases that cite this one

3 later published cases cite this decision.

Polsky v. Simon (Appellate Division of the Supreme Court of New York 2016)
Thomas v. Avalon Gardens Rehabilitation & Health Care Center (Appellate Division of the Supreme Court of New York 2013)
Thomas v. Avalon Gardens Rehabilitation & Health Care Center (Appellate Division of the Supreme Court of New York 2013)

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

*767A motion to vacate an order based on excusable default requires the movant to demonstrate a reasonable excuse for the default and the existence of a potentially meritorious claim or defense (see Alberton Devs., Inc. v All Trade Enters., Inc., 74 AD3d 1000 [2010]; White v Incorporated Vil. of Hempstead, 41 AD3d 709, 710 [2007]; Lee v Arellano, 18 AD 3d 620 [2005]; Kumar v Yonkers Contr. Co., Inc., 14 AD3d 493, 494 [2005]; Reices v Catholic Med. Ctr. of Brooklyn & Queens, 306 AD2d 394 [2003]).

Under the circumstances here, the plaintiff offered a reasonable excuse for his default and demonstrated the existence of a potentially meritorious claim (see White v Incorporated Vil. of Hempstead, 41 AD3d at 710; Reices v Catholic Med. Ctr. of Brooklyn & Queens, 306 AD2d 394 [2003]). Accordingly, the Supreme Court should have granted the plaintiffs motion to vacate the order entered July 9, 2010. Dillon, J.E, Balkin, Leventhal and Belen, JJ., concur.

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