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eBook details

• Title: M.D. & Son Contracting Inc.
• Author : Supreme Court of New York
• Release Date : January 21, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Order Supreme Court, New York County (Shirley Fingerhood J.) entered on or about November 28, 1990 which denied plaintiff's
motion for an order vacating a judgment of the same court and justice dated May 15, 1990 which dismissed the plaintiff's complaint
on the ground of plaintiff's failure to comply with discovery orders, unanimously affirmed, without costs. It is well settled that whether or not to relieve a party from a judgment or order entered on default is a matter left to
the sound discretion of the trial court. (CPLR 5015; Fidelity Deposit Co. v. Arthur Anderson, 60 N.Y.2d 693). The party seeking
the relief must advance a reasonable excuse for the default and demonstrate the meritoriousness of its claim. (id.). Here
the court at IAS did not abuse its discretion. Plaintiff was present at a status conference at which the J.H.O. presiding
directed that the discovery demands be met by a certain date. Thereafter, subsequent orders of the IAS court directing plaintiff
to produce the material were ignored. Further, the unsupported, conclusory statements relied on to demonstrate the meritoriousness
of the claim were properly found by the IAS court to be insufficient.

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