GRANIBRAS GRANITOS BRASILEIROS, LTDA. v. FARBER


34 A.D.3d 230 (2006)

823 N.Y.S.2d 390

GRANIBRAS GRANITOS BRASILEIROS, LTDA., Respondent, v. SALIK FARBER, Appellant, et al., Defendant.

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

Decided November 2, 2006.


While public policy supports having actions determined on their merits, a party may not simply ignore applicable time constraints, whether imposed by judicial, statutory or other mandate, and expect to suffer no consequences. In order to vacate a default judgment, a party must establish the existence of a meritorious defense and a reasonable excuse for the default (CPLR 5015 [a] [1]). Defendant Farber, who was afforded ample opportunity to avoid the entry of a default judgment...

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