Legal Opinion

Industrial Funding Corp. v. Megna

City of New York Municipal Court

Decided June 11, 1976PublishedCited by 3 opinions

1Opinion of the CourtCarmelo A Parlato, J.

Respondents herein have applied for an order vacating the final order of eviction entered herein on May 19, 1976, on their default in appearance. From the papers submitted on such application, and the testimony taken before the undersigned, I have granted such application, in the exercise of discretion, based on the following findings: I firstly find the respondents’ default excusable. In particular, I find that neither of them had actual knowledge of the petition and notice herein or, otherwise, of the fact that these proceedings had been brought; that service of said petition and notice by…

2Cases cited4 opinions

  1. Despard v. . WalbridgeNew York Court of Appeals · 1857
  2. United Merchants' Realty & Improvement Co. v. RothNew York Court of Appeals · 1908
  3. Jaroslow v. Lehigh Valley RailroadNew York Court of Appeals · 1969
  4. Pecoraro v. RyanCivil Court of the City of New York · 1963

3Cited by3 opinions

  1. Joyous Holdings, Inc. v. Volkswagen of Oneonta, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  2. Mahon v. NeelyAppellate Division of the Supreme Court of the State of New York · 1993
  3. Matter of Hauck v. HeinemanAppellate Division of the Supreme Court of the State of New York · 2026

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