Legal Opinion

Andriy v. Ben & Nino Auto Repair

Appellate Terms of the Supreme Court of New York

Decided January 4, 2019No. 2019 NYSlipOp 50058(U)Published

1Opinion of the Court

Khyzhnyy Andriy, Appellant,

against

Ben & Nino Auto Repair, Respondent.

Khyzhnyy Andriy, appellant pro se. Ben & Nino Auto Repair, respondent pro se (no brief filed).

Appeal from an order of the Civil Court of the City of New York, Kings County (Richard J. Montelione, J.), entered January 12, 2017. The order denied plaintiff's motion to vacate a judgment of that court entered December 8, 2016 which, upon plaintiff's failure to appear at trial, after an inquest, dismissed the action and awarded defendant the principal sum of $5,000 on its counterclaim.

ORDERED that the order is reversed, without…

2Cases cited2 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Codoner v. Bobby's Bus Co.Appellate Division of the Supreme Court of the State of New York · 2011

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