8 Cited authorities

  1. Woodson v. Mendon Leasing Corp.

    100 N.Y.2d 62 (N.Y. 2003)   Cited 1,087 times
    In Woodson v Mendon Leasing Corp. (100 NY2d 62, 71 [2003]), we left open the question of whether non-compliance with this requirement is a jurisdictional defect that "renders a default judgment a 'nullity.'"
  2. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.

    67 N.Y.2d 138 (N.Y. 1986)   Cited 1,079 times
    In Eugene Di Lorenzo, Inc. v. Dutton Lbr. Co. (67 N.Y.2d 138, 141-142), the requisite elements to vacate a default judgment, after service of process on the Secretary of State were set forth, as follows: "As has been emphasized in numerous cases, there is no necessity for a defendant moving pursuant to CPLR 317 to show a 'reasonable excuse' for its delay (see, e.g., Simon Schuster v. Howe Plastics Chems. Co., 105 A.D.2d 604, 605; Zuppa v. Bison Drywall Insulation Co., 93 A.D.2d 997).
  3. Oppenheimer v. Westcott

    47 N.Y.2d 595 (N.Y. 1979)   Cited 89 times
    In Oppenheimer v. Westcott, 47 N.Y.2d 595, 602-603 (1979), the Court of Appeals concluded that "it was an abuse of discretion as a matter of law to require that a litigant seeking to attack a judgment directly, proceed instead by the much more rigid and, therefore, more difficult and hazardous independent action route."
  4. Bond v. Giebel

    101 A.D.3d 1340 (N.Y. App. Div. 2012)   Cited 11 times

    2012-12-13 Randy BOND, Respondent, v. Daniel GIEBEL et al., Defendants. Progressive Insurance Company, Proposed Intervenor–Appellant. (Action No. 1.) Randy Bond, Respondent, v. Progressive Insurance Company, Appellant, et al., Defendant. (Action No. 2.) Burke, Scolamiero, Mortati & Hurd, LLP, Albany (Sarah B. Brancatella of counsel), for proposed intervenor-appellant in action No. 1 and appellant in action No. 2. Robert J. Krzys, Amsterdam, for respondent. STEIN Burke, Scolamiero, Mortati & Hurd

  5. Chase Manhattan Automotive v. Allstate Ins. Co.

    272 A.D.2d 772 (N.Y. App. Div. 2000)   Cited 16 times

    May 18, 2000. Appeal from an order of the Supreme Court (Canfield, J.), entered December 15, 1999 in Albany County, which granted defendant's motion to vacate a default judgment entered against it. Miller Meola (Rudolph J. Meola of counsel), Albany, for appellant. Bouck, Holloway, Kiernan Casey (Mark D. Sanza of counsel), Albany, for respondent. Before: MERCURE, J.P., CREW III, PETERS, SPAIN and GRAFFEO, JJ. MEMORANDUM AND ORDER PETERS, J. In December 1997, plaintiff leased an automobile (hereinafter

  6. Congress Talcott Corp. v. Pacemakers Trading

    161 A.D.2d 554 (N.Y. App. Div. 1990)   Cited 12 times

    May 31, 1990 Appeal from the Supreme Court, New York County (Karla Moskowitz, J.). While it is within the discretion of the IAS court to condition the grant of relief upon such terms and conditions as it deems fair under the circumstances (CPLR 5015; Rubin v. Payne, 103 A.D.2d 946; Reporter Co. v. Tomicki, 60 A.D.2d 947), it should not exercise such discretion to condition the opening of a default judgment upon the posting of an undertaking for the full amount of the judgment where there is no showing

  7. Section 5602 - Appeals to the court of appeals by permission

    N.Y. CPLR 5602   Cited 1,152 times
    Discussing appeals by permission to New York Court of Appeals
  8. Section 278 - Extinguishment of claim for relief

    N.Y. Debt. & Cred. Law § 278   Cited 275 times
    Allowing creditors to pursue fraudulent conveyance claims "as against any person except a purchaser for fair consideration without knowledge of the fraud at the time of the purchase"