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Back v. Stern

Appellate Division of the Supreme Court of New York, First Department
May 18, 1965
23 A.D.2d 837 (N.Y. App. Div. 1965)

Summary

In Back v Stern (23 A.D.2d 837) and Altman v Stickman (31 A.D.2d 741) the courts found delays of "six months" (p 837) and "over a year" (p 742), respectively, in making a motion to vacate a default to be "not without significance".

Summary of this case from Silverstein v. Hobbyland

Opinion

May 18, 1965


Order, entered on August 18, 1964, granting defendant's motion to vacate and set aside the judgment and to open the defendant's default, unanimously reversed, on the law, the facts, and in the exercise of discretion, with $30 costs and disbursements to appellant and the motion denied. The defendants have failed to demonstrate the existence of any of the elements which could justify a vacatur of the judgment and an opening of their default. There is no showing of any adequate excuse for the default — to the contrary it appears to have been a deliberate one; no demonstration was made of a meritorious defense; nor was a proposed answer served with the papers. Such defects mandate a denial of the motion ( Levine v. Fal-Bar Argentenian Corner Restaurant, 18 A.D.2d 611). In addition, it is not without significance that defendants waited for six months subsequent to the entry of the default judgment before taking steps to obtain its vacatur.

Concur — Breitel, J.P., Rabin, Valente, McNally and Stevens, JJ.


Summaries of

Back v. Stern

Appellate Division of the Supreme Court of New York, First Department
May 18, 1965
23 A.D.2d 837 (N.Y. App. Div. 1965)

In Back v Stern (23 A.D.2d 837) and Altman v Stickman (31 A.D.2d 741) the courts found delays of "six months" (p 837) and "over a year" (p 742), respectively, in making a motion to vacate a default to be "not without significance".

Summary of this case from Silverstein v. Hobbyland
Case details for

Back v. Stern

Case Details

Full title:PHILIP BACK, Appellant, v. AUBREY B. STERN et al., Individually and Doing…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 18, 1965

Citations

23 A.D.2d 837 (N.Y. App. Div. 1965)

Citing Cases

Smith v. Smith

In addition, the court properly determined that defendant established a meritorious defense ( see, Shouse v.…

Silverstein v. Hobbyland

Such delay must be considered. In Back v Stern ( 23 A.D.2d 837) and Altman v Stickman ( 31 A.D.2d 741) the…