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Mena v. Choon-Ket Kong

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2000
269 A.D.2d 575 (N.Y. App. Div. 2000)

Opinion

Submitted January 19, 2000

February 28, 2000

In an action to recover damages for, inter alia, personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Held, J.), dated February 25, 1998, which denied their motion to vacate an order of the same court, dated December 10, 1997, made upon their default in answering.

Bryan M. Rothenberg, Mineola, N.Y., for appellants.

LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the order dated December 10, 1997, is vacated.

A court may excuse a default in answering upon a showing of a meritorious defense and a justifiable excuse for the default (see,CPLR 5015[a][1]; Fox v. Bicanic, 163 A.D.2d 272 ). The affidavit of the defendant Choon-Ket Kong established a meritorious defense to the action. In addition, we are satisfied that the defendants provided a justifiable excuse for their default (see, Fox v. Bicanic, supra; Murphy v. D.V. Waste Control Corp., 124 A.D.2d 573 ).


Summaries of

Mena v. Choon-Ket Kong

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2000
269 A.D.2d 575 (N.Y. App. Div. 2000)
Case details for

Mena v. Choon-Ket Kong

Case Details

Full title:MILAGROS MENA, et al., respondents, v. CHOON-KET KONG, et al., appellants

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

Date published: Feb 28, 2000

Citations

269 A.D.2d 575 (N.Y. App. Div. 2000)
703 N.Y.S.2d 923

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