Consolidated Masonry & Fireproofing, Inc. v. Wagman Construction Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “[g]enerally a default should be set aside where the moving party acts with reasonable promptness and alleges a meritorious defense” (citation omitted)
• finding that a “bare allegation of a meritorious defense .... fell far short of providing the court with a satisfactory explanation of the merits of the defense”
• finding that two and a half months between default being entered and the motion to set aside default being filed was enough for this factor to weigh in favor of Plaintiff
• noting that, even in cases where a default has already been entered, “[g]enerally a default should be set aside where the moving party acts with reasonable promptness and alleges a meritorious defense.”
• requiring “statement of underlying facts to ... enable the court to appraise the merits of the claimed defense.”
• holding “[t]he disposition of motions made under Rules 55(c) and 60(b) is a matter which lies largely within the discretion of the trial judge and his action is not lightly to be disturbed by an appellate court.”

Source: CourtListener parenthetical corpus (CC0).