Kennedy v. Cassmon Realty Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), dated July 10, 1986, which granted the defendant’s motion to vacate its default in answering on the condition the defendant pay to the plaintiff $250 as and for the plaintiff’s expense in moving for leave to enter a default judgment.
Ordered that the order is affirmed, with costs.
Although the defendant merely proffered an excuse akin to law office failure to explain its default in serving a timely answer (see, Chochla v Oak Beach Inn Corp., 115 AD2d…
2Cases cited8 opinions
- Guzman v. Haven Plaza Housing Development Fund Co.New York Court of Appeals · 1987
- Putnam v. StoutNew York Court of Appeals · 1976
- Silver v. BrodskyAppellate Division of the Supreme Court of the State of New York · 1985
- Perellie v. Crimson's Restaurant, Ltd.Appellate Division of the Supreme Court of the State of New York · 1985
- Passalacqua v. BanatAppellate Division of the Supreme Court of the State of New York · 1984
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Lafleur v. Power Test Realty Co.Appellate Division of the Supreme Court of the State of New York · 1990
- Barajas v. Toll Bros.Appellate Division of the Supreme Court of the State of New York · 1998
- Meyer v. A & B America, Ltd.Appellate Division of the Supreme Court of the State of New York · 1990
- Brasby v. BarraAppellate Division of the Supreme Court of the State of New York · 1989
- Keenan v. MaccarielloAppellate Division of the Supreme Court of the State of New York · 1998
1 more not listed; retrieve them via the Exa API.