Legal Opinion · Dissent

Harcztark v. Drive Variety, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided September 6, 2005Published

1Dissent

Crane J.,

dissents and votes to reverse and to deny that branch of the defendants’ motion which was to vacate their default in answering the complaint and for leave to serve and file a late answer and to remit the matter to the Supreme Court, Queens County, for further proceedings.

In this trip-and-fall case, the plaintiff commenced the action on February 21, 2003 and effected service through the Secretary of State on February 27, 2003. A tardy answer was served on June 10th and rejected three days later. By order to show cause dated July 15, 2003, the defendants moved to vacate their default.…

2Cases cited30 opinions

Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
Woodson v. Mendon Leasing Corp.New York Court of Appeals · 2003
Roussodimou v. ZafiriadisAppellate Division of the Supreme Court of the State of New York · 1997
Juseinoski v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
Gray v. B. R. Trucking Co.New York Court of Appeals · 1983

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