Legal Opinion

Capital Compost & Waste Reduction Services, LLC v. MacDonald

Appellate Division of the Supreme Court of the State of New York

Decided May 13, 2010PublishedCited by 3 opinions

1Opinion of the Court

Mercure, J.E

Appeal from an order of the Supreme Court (Platkin, J.), entered February 19, 2009 in Albany County, which denied defendant’s motion to vacate a default judgment entered against him.

In 2004, plaintiff commenced this action to recover unpaid charges for waste disposal services provided to defendant. Following joinder of issue, Supreme Court (Malone, Jr., J.) granted partial summary judgment on liability to plaintiff, with the issue of damages to be determined at trial. On the eve of trial, defendant filed for bankruptcy, staying prosecution of the action until January 2007, when…

2Cases cited6 opinions

  1. Wade v. Village of WhitehallAppellate Division of the Supreme Court of the State of New York · 2007
  2. U.S. Bank National Ass'n v. VanvlietAppellate Division of the Supreme Court of the State of New York · 2005
  3. In re Shaune TT.Appellate Division of the Supreme Court of the State of New York · 1998
  4. Fishman v. BeachAppellate Division of the Supreme Court of the State of New York · 1998
  5. Kranenburg v. ButwellAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by3 opinions

  1. Cotter v. DukharanAppellate Division of the Supreme Court of the State of New York · 2013
  2. Rutnik & Corr CPA's, P.C. v. Guptill Farms, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  3. Cotter v. DukharanAppellate Division of the Supreme Court of the State of New York · 2013

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