Goncalves v. Stuyvesant Dev. Assocs., 232 A.D.2d 275 (N.Y. App. Div. 1st Dep't 1996). · Go Syfert
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Goncalves v. Stuyvesant Dev. Assocs., 232 A.D.2d 275 (N.Y. App. Div. 1st Dep't 1996). Cases Citing This Book View Copy Cite
21 citation events (15 in the last 25 years) across 2 distinct courts.
Strongest positive: Moreno v. New York City Tr. Auth., 2025 NY Slip Op 31587(U) (N.Y. Sup. Ct., New York Cty. 2025)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
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At page 276 Burden of showing meritorious claim and excuse for default6 citing casesthe only excuse offered for third-party plaintiff's failure to respond to disclosure demands was a change of personnel in the office of its attorneys, and no excuse at all was given for the failure to respond to the motion to preclude1 citing court put it this way · 5 listed here
  • Moreno v. New York City Tr. Auth., 2025 NY Slip Op 31587(U) (N.Y. Sup. Ct., New York Cty. 2025).unpublished
    (the only excuse offered for third-party plaintiff's failure to respond to disclosure demands was a change of personnel in the office of its attorneys, and no excuse at all was given for the failure to respond to the mo…)
  • Leonardo v. Aaron, 180 N.Y.S.3d 542 (N.Y. App. Div. 1st Dep't 2023).published 2 cites
    Assoc. , 232 AD2d 275, 276 [1st Dept 1996]).
  • Fall v. Diallo, 147 A.D.3d 641 (N.Y. App. Div. 1st Dep't 2017).published
    Assoc., 232 AD2d 275, 276 [1st Dept 1996]).
  • Johnson-Roberts v. Ira Judelson Bail Bonds, 140 A.D.3d 509 (N.Y. App. Div. 1st Dep't 2016).published
    Assoc., 232 AD2d 275, 276 [1st Dept 1996]).
  • Imovegreen, LLC v. Frantic, LLC, 139 A.D.3d 539 (N.Y. App. Div. 1st Dep't 2016).published
    Assoc., *541 232 AD2d 275, 276 [1st Dept 1996]).
Retrieving the full opinion text from the archive…
Leonel Goncalves
v.
Stuyvesant Development Associates, and Third-Party , Luna Carpentry, Inc., Third-Party Defendant-Respondent
Appellate Division of the Supreme Court of the State of New York.
Oct 22, 1996.
Published opinion
232 A.D.2d 275
1996 N.Y. App. Div. LEXIS 10348
Cited by 19 opinions  |  Published

—Order, Supreme Court, New York County (Elliott Wilk, J.), entered on or about August 15, 1995, which, inter alia, based upon a prior preclu[*276]sion order, granted third-party defendant’s motion for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

This Court’s preference for disposing of cases on the merits does not relieve a party seeking to vacate a default of the two-pronged burden of showing a meritorious claim or defense and a reasonable excuse for the default (Dimitratos v City of New York, 180 AD2d 414). Here, the only excuse offered for third-party plaintiff’s -failure to respond to disclosure demands was a change of personnel in the office of its attorneys, and no excuse at all was given for the failure to respond to the motion to preclude. Nor did the hearsay affidavit of third-party plaintiff’s attorney show a meritorious third-party claim (see, James v Hoffman, 158 AD2d 398). Concur—Rosenberger, J. P., Kupferman, Nardelli, Tom and Mazzarelli, JJ.