Mele v. Okubo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*600In an action, inter alia, to impose a constructive trust, the defendant appeals from an order of the Supreme Court, Suffolk County (Costello, J.), dated June 20, 2005, which granted the plaintiffs motion for leave to enter judgment upon his failure to appear or answer the complaint and denied his cross motion to direct the plaintiff to accept late service of his verified answer and counterclaims.
Ordered that the order is reversed, on the law, on the facts, and in the exercise of discretion, with costs, the plaintiffs motion for leave to enter judgment upon the defendant’s failure to appear or…
2Cases cited7 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Artache v. GoldinAppellate Division of the Supreme Court of the State of New York · 1987
- Lemberger v. Congregation Yetev Lev D'Satmar, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- New York & Presbyterian Hospital v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 2006
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