Legal Opinion

F & K Supply, Inc. v. Shean

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

Decided November 26, 2008Published

1Opinion of the CourtCarpinello, J.

Appeal from an order of the County Court of Ulster County (Work, J.), entered June 20, 2007, which affirmed an order of the City Court of the City of Kingston denying defendant’s motion to vacate a default judgment entered against him.

Plaintiff commenced this small claims action in 1992 for moneys due on an account stated. Many delays thereafter occurred in the case, only some of which are explained in the record now before this Court. Suffice it to say, the case languished for five years following a May 1993 decision denying plaintiff summary judgment and then languished further for another…

2Cases cited9 opinions

  1. Neuman v. GreenblattAppellate Division of the Supreme Court of the State of New York · 1999
  2. Wade v. Village of WhitehallAppellate Division of the Supreme Court of the State of New York · 2007
  3. Cervino v. KonskerAppellate Division of the Supreme Court of the State of New York · 1983
  4. Kranenburg v. ButwellAppellate Division of the Supreme Court of the State of New York · 2006
  5. Quigley v. Coco's Water Café, Inc.Appellate Division of the Supreme Court of the State of New York · 2007

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