Legal Opinion

Messam v. Omeally

Appellate Terms of the Supreme Court of New York

Decided September 7, 2016No. 2016 NYSlipOp 51282(U)Published

1Opinion of the Court

Anthony Messam, Appellant,

against

Derwin Omeally and Julian Omeally, Respondents.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered December 16, 2014. The order denied plaintiff's motion to vacate a prior order of the same court dated October 15, 2014 which (1) granted an oral application by defendant Julian Omeally to open his default in appearing and answering, and (2) sua sponte opened a default by defendant Derwin Omeally in appearing and answering.

ORDERED that the order entered December 16, 2014 is reversed, without costs,…

2Cases cited4 opinions

  1. Jann v. CassidyAppellate Division of the Supreme Court of the State of New York · 1999
  2. M & C Brothers v. TorumAppellate Division of the Supreme Court of the State of New York · 2010
  3. Matter of 144 Stuyvesant, LLC v. GoncalvesAppellate Division of the Supreme Court of the State of New York · 2014
  4. Fox v. T.B.S.D., Inc.Appellate Division of the Supreme Court of the State of New York · 2000

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