History
  • No items yet
midpage
DiPasquale v. Security Mutual Life Insurance
2004 N.Y. App. Div. LEXIS 14816
| N.Y. App. Div. | 2004
|
Check Treatment

Order, Supreme Court, New York County (Paula Omansky, J.), entered October 6, 2003, which denied plaintiffs motion to vacate his default on an earlier dismissal motion for failure to state a cause of action, and to grant leave to amend his complaint, unanimously affirmed, with costs.

In order to vacate a default, a plaintiff must offer a reasonable excuse for the default and demonstrate merit to the complaint. Amendment of a complaint may be denied, in the exercise of discretion, where the proposed amended cause is also without merit (Ava & Co. v Olympic Tower Assoc., 259 AD2d 315, 316 [1999]). The original complaint was clearly without merit, and the proposed amended complaint sought to reinstate a claim that the court had already dismissed on the merits. Concur—Nardelli, J.P., Mazzarelli, Andrias, Friedman and Gonzalez, JJ.

Case Details

Case Name: DiPasquale v. Security Mutual Life Insurance
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 7, 2004
Citation: 2004 N.Y. App. Div. LEXIS 14816
Court Abbreviation: N.Y. App. Div.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.