Sean v. 172 Aububon Corp.
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, etc., the defendant appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated July 13, 2005, which denied its motion pursuant to CPLR 5015 (a) (1) and CPLR 317 to vacate a judgment entered October 1, 2003, upon its default in appearing or answering the complaint.
Ordered that the order is reversed, on the law and the facts, with costs, the motion is granted, the judgment entered October 1, 2003, is vacated, and the answer annexed to the defendant’s motion papers is deemed served.
The plaintiffs commenced this negligence…
2Cases cited9 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Santiago v. Sansue Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Samet v. Bedford Flushing Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Brockington v. Brookfield Development Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Grosso v. MTO Associates Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2004
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