Narrative Opinion Summary
Robert Duffy appeals a portion of a Supreme Court order from September 13, 1995, which denied his motion to vacate a judgment entered due to his failure to respond. The appellate court affirms the order, stating that Duffy did not provide a reasonable excuse for his default, thus he is not entitled to have the default judgment vacated. The court references CPLR 5015(a)(1) and cites relevant case law (Miles v. Blue Label Trucking, 232 AD2d 382; Fennell v. Mason, 204 AD2d 599) supporting its decision. Judges Miller, Thompson, Joy, and Luciano concur in the ruling. Costs are awarded to the prevailing party.
Legal Issues Addressed
Award of Costs to Prevailing Partysubscribe to see similar legal issues
Application: The court awarded costs to the prevailing party as part of its decision to affirm the lower court's order.
Reasoning: Costs are awarded to the prevailing party.
Vacating a Default Judgment under CPLR 5015(a)(1)subscribe to see similar legal issues
Application: The court applied the principle that a party seeking to vacate a default judgment must provide a reasonable excuse for the default, which Duffy failed to do.
Reasoning: The appellate court affirms the order, stating that Duffy did not provide a reasonable excuse for his default, thus he is not entitled to have the default judgment vacated.