In Li Gang Ma v. Hong Guang Hu , Ma filed suit against Hu for breach of a partnership agreement and when Hu failed to appear on the scheduled trial date the Queens County Supreme Court entered a default judgment against him.
When that court refused to vacate the judgment, Hu appealed to the Appellate Division, Second Department, alleging he had a reasonable excuse for not appearing and a "meritorious defense" to Ma's claim.
Accordinging to the AD2, after Ma's suit was filed, the parties entered into a written agreement which supposedly provided for the case's end. While there was some difficulty translating the document from Chinese to English, and the parties disputed what they intended by the wording utilized, the AD2 thought the document provided "a reasonable excuse for [Hu's] default" and that it was consistent with "public policy" for the matter to be heard on its "merits."
To download a copy of the Appellate Division's decision, please use this link: Li Gang Ma v. Hong Guang Hu