Abramovich v. Harris
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Supreme Court properly exercised its discretion in denying plaintiffs’ motion for a default judgment in this legal malpractice action. Defendants promptly delivered the summons and complaint to their insurer and, when served with the motion papers seeking a default judgment, also promptly delivered those papers to their insurer. There is no proof that defendants deliberately defaulted, and the court did not abuse its discretion in accepting the negligence or inadvertence of the insurer as a reasonable excuse for the default (see, Damselle,…
2Cases cited6 opinions
- Prudential Home Mortgage Co. v. Neildan Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Price v. PolisnerAppellate Division of the Supreme Court of the State of New York · 1991
- Damselle, Ltd. v. 500-512 Seventh Avenue AssociatesAppellate Division of the Supreme Court of the State of New York · 1992
- Pickney v. WoodAppellate Division of the Supreme Court of the State of New York · 1990
- Gonzales v. O'HagenAppellate Division of the Supreme Court of the State of New York · 1993
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Whitaker Securities, LLC v. Rosenfeld (In re Rosenfeld)United States Bankruptcy Court, S.D. New York · 2015
- Manufacturers & Traders Trust Co. v. Reliance InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Cary v. CiminoAppellate Division of the Supreme Court of the State of New York · 2015
- Mukuralinda v. KingombeAppellate Division of the Supreme Court of the State of New York · 2012
- Missry v. EhlichCivil Court of the City of New York · 2003
6 more not listed; retrieve them via the Exa API.