Legal Opinion

Covaci v. Whitestone Construction Corp.

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

Decided November 30, 2010PublishedCited by 14 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Sampson, J.), dated October 8, 2009, which denied their motion for leave to enter a judgment against the defendant upon the defendant’s failure to appear or answer and granted the defendant’s cross motion pursuant to CPLR 3012 (d) to compel them to accept a late answer.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiffs’ motion for leave to enter a judgment against the defendant upon…

2Cases cited5 opinions

  1. Schonfeld v. Blue & White Food Products Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Buderwitz v. CunninghamAppellate Division of the Supreme Court of the State of New York · 1984
  3. Klughaupt v. Hi-Tower Contractors, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  4. Sitigus Foods Corp. v. 72-02 Northern Blvd. Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2002
  5. Finkelstein v. SunshineAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by14 opinions

  1. Vellucci v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2013
  2. EHS Quickstops Corp. v. GRJH, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
  3. Meekins v. Turner Towers Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 2015
  4. Herzog v. BelizarioNew York Supreme Court · 2016
  5. Settles v. OneWest Bank, FSBAppellate Division of the Supreme Court of the State of New York · 2020

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