Trawally v. East Clarke Realty Corp.
Cases that cite this one
2 later published cases cite this decision.
- Forest Walnut LLC v. Abizker (New York Supreme Court, New York County 2024)
- McPeek v. DNY2 153 Norfolk St. LLC (New York Supreme Court, New York County 2023)
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
Defendants moved pursuant to CPLR 5015 (a) (1) to vacate the order striking their answer. A party seeking such relief must establish a reasonable excuse for its underlying default as well as a meritorious defense (see Ogen v Nordstrom, 85 AD3d 552 [2011]). Defendants’ purported showing of a meritorious defense was insufficient because it was based on the affirmation of an attorney who had no personal knowledge of the facts alleged (see Thelen LLP v Omni Contr. Co., Inc., 79 AD3d 605, 606 [2010], lv denied 17 NY3d 713 [2011]). Concur — Saxe, J.E, Sweeny, Acosta and DeGrasse, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.