Vogel v. Asgrow Mandeville Co.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (74 AD2d 940), and question certified answered in the negative. It is noted that we are not here concerned with possible differences between CPLR 317 and 5015, the moving papers on this motion being insufficient to establish a meritorious defense.
Concur: Chief Judge Cooke and Judges Jasen, Jones and Wachtler. Judge Meyer dissents and votes to reverse in an opinion in which Judges Gabrielli and FuChsberg concur.
2Cases cited1 opinion
- Vogel v. Asgrow Mandeville Co.Appellate Division of the Supreme Court of the State of New York · 1980
3Cited by4 opinions
- Howlan v. RosolAppellate Division of the Supreme Court of the State of New York · 1988
- Cristo Bros. v. M. Cristo, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Barone v. BaroneNew York Supreme Court · 2016
- Cristo Bros. v. M. Cristo, Inc.Appellate Division of the Supreme Court of the State of New York · 1982