Legal Opinion

AMB Fund III New York III & IV, LLC v. WWTL Logistics, Inc.

Appellate Terms of the Supreme Court of New York

Decided January 26, 2012PublishedCited by 2 opinions

1Opinion of the Court

*10OPINION OF THE COURT

Memorandum.

Ordered that the order is affirmed, without costs.

In this commercial nonpayment summary proceeding, WWTL Logistics, Inc. (tenant) moved to vacate a default judgment entered against it and to dismiss the petition as against it, arguing that the court lacks personal jurisdiction over it because it was not properly served or, in the alternative, that it should be permitted to appear in the proceeding because it has a reasonable excuse for its default and a meritorious defense to the proceeding. After a traverse hearing, the Civil Court denied tenant’s motion. We…

2Cases cited12 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Fashion Page, Ltd. v. Zurich InsuranceNew York Court of Appeals · 1980
  3. Hageman v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Aguilera v. Pistilli Construction & Development Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  5. Eastman Kodak Co. v. Miller & Miller Consulting Actuaries, Inc.Appellate Division of the Supreme Court of the State of New York · 1993

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3Cited by2 opinions

  1. Vickie Bell v. Pulmosan Safety Equipment CorpCourt of Appeals for the Eighth Circuit · 2018
  2. Goins-Tisdale v. GEICORochester City Court · 2017

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