presence of a meritorious defense (New Jersey) · Go Syfert
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presence of a meritorious defense in New Jersey

17 New Jersey opinions name it 2 courts 1975–2025 5 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
O'CONNOR v. Abraham Altusgreen
nj · 1975 · cited in 14 New Jersey opinions naming this issue, 1980–2025
2 sentences

2025In considering whether good cause exists, a trial court should generally consider the movant's "absence of any contumacious conduct" and "the presence of a meritorious defense." O'Connor v. Altus, 67 N.J. 106, 129 (1975).

2023Under Rule 4:43-3, a court may vacate the entry of default upon a mere showing of "good cause," which, under the Rule means "the presence of a meritorious defense . . . and the absence of any contumacious conduct." O'Connor v. Altus, 67 N.J. 106, 129 (1975); see also U.S. Bank Nat'l Ass'n v. Guillaume, 209 N.J. 449, 466-67 (2012) ("When nothing more than an entry of default pursuant to Rule 4:43-1 has occurred, relief from that default may be granted on a showing of good cause.").

1014
US Bank National Ass'n v. Guillaumegreen
nj · 2012 · cited in 1 New Jersey opinions naming this issue, 2023–2023
1 sentence

2023Under Rule 4:43-3, a court may vacate the entry of default upon a mere showing of "good cause," which, under the Rule means "the presence of a meritorious defense . . . and the absence of any contumacious conduct." O'Connor v. Altus, 67 N.J. 106, 129 (1975); see also U.S. Bank Nat'l Ass'n v. Guillaume, 209 N.J. 449, 466-67 (2012) ("When nothing more than an entry of default pursuant to Rule 4:43-1 has occurred, relief from that default may be granted on a showing of good cause.").

11
Trustees of Local 478 v. Baron Holding Corp.green
njsuperctappdiv · 1988 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018Local 478 v. Baron Holding Corp., 224 N.J.

11
Bank of New Jersey v. Pulinigreen
njsuperctappdiv · 1984 · cited in 1 New Jersey opinions naming this issue, 1988–1988
1 sentence

1988O'Connor v. Abraham Altus, 67 N.J. 106, 128-129 (1975); Bank of New Jersey v. Pulini, 194 N.J.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Marder v. Realty Construction Co. green
nj · 1964
2 sentences

2017"Nevertheless, before a default is set aside, defendant must at the very least show the presence of a meritorious defense worthy of a judicial determination." Ibid.

2017Particularly in a foreclosure matter, "[i]f there is no bona fide contest, a secured creditor should have prompt recourse to its collateral." Ibid.

12017–2017
Douglas v. Harris green
nj · 1961
1 sentence

1975Compare the more stringent requirements of R. 4:50-1 for setting aside a default judgment, and see, e.g., Douglas v. Harris, 35 N.J. 270 (1961); Reilly v. Perehinys, 33 N.J.

11975–1975
Reilly v. Perehinys green
njsuperctappdiv · 1954
1 sentence

1975Compare the more stringent requirements of R. 4:50-1 for setting aside a default judgment, and see, e.g., Douglas v. Harris, 35 N.J. 270 (1961); Reilly v. Perehinys, 33 N.J.

11975–1975

Where else courts name it

NJ 17 (1975–2025) IL 5 (1999–2024) NY 5 (1979–2025) NC 2 (1970–1985)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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