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Cohen v. Houseconnect Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 2005
16 A.D.3d 539 (N.Y. App. Div. 2005)

Opinion

2004-03137.

March 21, 2005.

In an action, inter alia, to recover damages for fraud, the defendant Sam Ailany, also known as Nahum Hilany, appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated March 9, 2004, which denied his motion to vacate a judgment of the same court dated May 29, 2003, entered upon his default in appearing.

Before: H. Miller, J.P., S. Miller, Goldstein, Mastro and Lifson, JJ., concur.


Ordered that the order is affirmed, with costs.

The appellant was required to demonstrate a reasonable excuse for the default and a meritorious defense ( see CPLR 5015 [a] [1]; Santiago v. New York City Health Hosps. Corp., 10 AD3d 393; Spells v. AP Supermarkets, 253 AD2d 422 ; Roussodimou v. Zafiriadis, 238 AD2d 568, 569). The appellant failed to make that showing.


Summaries of

Cohen v. Houseconnect Realty Corp.

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 2005
16 A.D.3d 539 (N.Y. App. Div. 2005)
Case details for

Cohen v. Houseconnect Realty Corp.

Case Details

Full title:ELDAD COHEN et al., Respondents, v. HOUSECONNECT REALTY CORP. et al.…

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

Date published: Mar 21, 2005

Citations

16 A.D.3d 539 (N.Y. App. Div. 2005)
790 N.Y.S.2d 882

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