FID. & DEPOSIT CO. OF MARYLAND v. Arthur Andersen & Co.
Cases that cite this one
102 later published cases cite this decision. The 25 that cite it most often are listed here.
- HSBC Bank USA v. Lugo (Appellate Division of the Supreme Court of New York 2015)
- Epstein v. Nieves (Appellate Division of the Supreme Court of New York 1996)
- Elgart v. Raleigh Hotel Corp. (Appellate Division of the Supreme Court of New York 1985)
- Leogrande v. Glass (Appellate Division of the Supreme Court of New York 1984)
- A.M. Medical Services, P.C. v. Liberty Mutual Insurance (Appellate Terms of the Supreme Court of New York 2010)
- Bryant v. New York City Housing Authority (Appellate Division of the Supreme Court of New York 2010)
- Keyland Mechanical Corp. v. 529 Empire Realty Corp. (Appellate Division of the Supreme Court of New York 2008)
- Watt v. Spencer (Appellate Division of the Supreme Court of New York 2007)
- Arroyo v. Feggoudakis (Appellate Division of the Supreme Court of New York 2005)
- Matter of D.M.S. v. C.P. (Nassau Family Court 2005)
- Beizer v. Funk (Appellate Division of the Supreme Court of New York 2004)
- Blum v. Paine Hacking Corp. (Appellate Division of the Supreme Court of New York 2003)
- Puija v. Dintino (Appellate Division of the Supreme Court of New York 2003)
- Ananda Capital Partners, Inc. v. Stav Electrical Systems (1994) Ltd. (Appellate Division of the Supreme Court of New York 2003)
- Westchester Medical Center v. ELRAC, Inc. (Appellate Division of the Supreme Court of New York 2003)
- O'Leary v. Noutsis (Appellate Division of the Supreme Court of New York 2003)
- Specialized Risk Management, Inc. v. Cri-Bet Realty, Ltd. (Appellate Division of the Supreme Court of New York 2003)
- O'Connor v. S & R Medallion Corp. (Appellate Division of the Supreme Court of New York 2003)
- Castillo v. Garzon-Ruiz (Appellate Division of the Supreme Court of New York 2002)
- Lopez v. Northern Assurance Co. of America (Appellate Division of the Supreme Court of New York 2002)
- Veith Enterprises, Inc. v. Electrical Development & Construction, Inc. (Appellate Division of the Supreme Court of New York 2002)
- Estate of Taylor v. Moreno (Appellate Division of the Supreme Court of New York 2002)
- Rodriguez v. L&S Sons, Inc. (Appellate Division of the Supreme Court of New York 2002)
- Cilindrello v. Rayabin (Appellate Division of the Supreme Court of New York 2002)
- Frank v. Martuge (Appellate Division of the Supreme Court of New York 2001)
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
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the negative.
*695 Whether Special Term’s vacatur of defendant’s default in answering was an abuse of discretion as a matter of law is a question of law reviewable by certified question (Barasch v Micucci, 49 NY2d 594, 598). The appeal is, therefore, properly before us. But whether the matter be considered under the standard established by chapter 318 of the Laws of 1983, which became law during the pendency of this appeal, or that applicable prior to that enactment, there must be an affirmance.
Required are a reasonable excuse for the delay and an affidavit of merits. Sufficiency of the affidavit is, however, an issue “ordinarily be left to the discretion of the lower courts” (Barasch v Micucci, supra, at p 599). Neither Special Term’s conclusion that “Andersen has met the requirement of establishing a meritorious defense * * * by a person with sufficient knowledge of [the] facts,” nor its holding that the course of prior dealings between the parties and the pendency of related civil and criminal litigation demonstrated a reasonable excuse for the delay in answering can be said on the record before us to have been an abuse of discretion as a matter of law.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur in memorandum.
Order affirmed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.