Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05316
Ninth Street Corp. v Fernandez
Read the official decision: 2026 NY Slip Op 05316
Holding The Supreme Court properly denied the defendants’ motion to vacate a default judgment because they failed to present a reasonable excuse for their default. The court determined that the defendants’ claim that the complaint’s allegations were false constituted intrinsic fraud, which requires both a reasonable excuse for the default and a potentially meritorious defense.
The court’s words
CPLR 5015(a)(3) permits a court to vacate a judgment or order upon the ground of fraud, misrepresentation, or other misconduct of an adverse party.
2026 NY Slip Op 05316, at the official text
Since the defendants did not present a reasonable excuse for their default in answering the complaint, the Supreme Court properly denied that branch of the defendants' motion which was to vacate the judgment
2026 NY Slip Op 05316, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05316 |
| Area of law | Civil Procedure |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05316 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 552 |
| Related records | Ninth Street Corp. v Fernandez, 2026 NY Slip Op 05317 |
Recommended citation
ESQ HQ, New York Law Watch, Ninth Street Corp. v Fernandez, 2026 NY Slip Op 05316 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05316/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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