Booso v. Tausik Brothers, LLC
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, Kings County (Baynes, J.), dated August 4, 2015, which granted the defendant’s motion pursuant to CPLR 317 to vacate a judgment entered upon its failure to appear.
Ordered that the order is affirmed, with costs.
Pursuant to CPLR 317, a defaulting defendant who was “served with a summons other than by personal delivery” may be permitted to defend the action upon a finding by the court that the defendant did not personally receive notice of the summons in time to defend and has a…
2Cases cited6 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Pevzner v. 1397 E. 2nd, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Gershman v. Midtown Moving & Storrage, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Samet v. Bedford Flushing Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Olivaria v. Lin & Son Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2011
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- 2004 McDonald Ave. Corp. v. KGYM Holdings Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2018
- Benchmark Farm, Inc. v. Red Horse Farm, LLCAppellate Division of the Supreme Court of the State of New York · 2018
- Dove v. 143 Sch. St. Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2019
- Evans v. City of Mt. VernonAppellate Division of the Supreme Court of the State of New York · 2018
- Kircher v. William Penn Life Ins. Co. of N.Y.Appellate Division of the Supreme Court of the State of New York · 2018
3 more not listed; retrieve them via the Exa API.