Discover Bank v. Eschwege
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (John F. O’Donnell, J.), entered August 18, 2008 in a breach of contract action. The order granted plaintiffs motion for leave to reargue and, upon reargument, denied in its entirety defendant’s motion seeking, inter alia, to vacate a default judgment and reinstated that judgment.
It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion seeking to vacate the judgment entered November 29, 2007 and vacating that judgment and as modified the order is affirmed without costs,…
2Cases cited7 opinions
- Reporter Co. v. TomickiAppellate Division of the Supreme Court of the State of New York · 1978
- Red Creek National Bank v. Blue Star Ranch, Ltd.Appellate Division of the Supreme Court of the State of New York · 1977
- Rosato v. RicciardiAppellate Division of the Supreme Court of the State of New York · 1991
- Ward v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1986
- Bank of New York v. SchwabAppellate Division of the Supreme Court of the State of New York · 1983
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