MATTER OF LITTLE FLOWER CHILDREN'S SERVS. v. J.


213 A.D.2d 548 (1995)

624 N.Y.S.2d 908

In the Matter of Little Flower Children's Services, on Behalf of Sean Courtney G., Respondent, v. Vernon J., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 20, 1995


Ordered that the order is affirmed, without costs or disbursements.

It is well settled that whether to relieve a party of an order entered on default is a matter left to the sound discretion of the court (see, M.D. & Son Contr. v American Props., 179 A.D.2d 519; Silveri v Laufer, 179 A.D.2d 633). The party seeking to vacate a default must establish that there is a reasonable excuse for the default and that there exists a meritorious defense (see, Schiavetta v McKeon, 190 A.D.2d 724; Dowling Textile Mfg. Co. v Land, 179 A.D.2d 621; Matter of Jones, 128 A.D.2d 403). The appellant has failed to sustain his burden in this respect.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases