Legal Opinion
Sanders v. Marino Falcone Brick Contracting, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided September 8, 1987PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Jones, J.), dated January 23, 1985, which granted the defendant’s motion to dismiss the complaint as abandoned, pursuant to CPLR 3215 (c), and denied his cross motion to compel the defendant to serve an answer.
Ordered that the order is affirmed, without costs or disbursements.
Since the appellant failed to move for leave to enter a default judgment within one year after the defendant’s default in answering (CPLR 3215 [c]), he was required to demonstrate the merits of…
2Cases cited4 opinions
- Montalvo v. Nel Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Grosso v. HauckAppellate Division of the Supreme Court of the State of New York · 1984
- Valentin v. RinderAppellate Division of the Supreme Court of the State of New York · 1978
- Sanders v. Samsol Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
3Cited by4 opinions
- Turner v. TurnerAppellate Division of the Supreme Court of the State of New York · 1995
- Winfield v. GarenaniAppellate Division of the Supreme Court of the State of New York · 1998
- New York Central Mutual Fire Insurance v. BarryAppellate Division of the Supreme Court of the State of New York · 2009
- O'Connell v. Kildaire, Inc.Appellate Division of the Supreme Court of the State of New York · 1995