· 5/18/1987
Morales v. Santiago
Citations
- 526 A.2d 266
- 217 N.J. Super. 496
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that defendants were entitled to vacation of default judgment because of excusable neglect or in interest of justice
- reversing denial of motion to vacate because, among other factors, \[s]ellers moved to vacate the judgment soon after it was entered\
- stating the necessity of a proof hearing rests with the discretion of the trial judge
- vacating judgment pursuant to Rule 4:50-1(f) after a proof hearing due to \misgivings\ about the merits of plaintiff's claim even though defendant's attorney had not adequately presented defendant's case on the motion to vacate
- “Absence of essential terms from a preliminary agreement is persuasive evidence that the parties did not intend to be bound by it.”
- \[A] defendant seeking to reopen a default judgment must show that the neglect to answer was excusable under the circumstances and that he [or she] has a meritorious defense.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Judges Antell and Brody
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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