Legal Opinion

Dimitriadis v. Visiting Nurse Service

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

Decided May 24, 2011PublishedCited by 24 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for personal injuries and wrongful death, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Spodek, J), dated June 18, 2009, which, among other things, granted the defendant’s motion pursuant to CPLR 5015 (a) (1) to vacate a previous order of the same court dated January 27, 2009, granting the plaintiffs’ motion pursuant to CPLR 3126 to strike its answer upon its default in complying with discovery.

Ordered that the order is affirmed, with costs.

A motion to vacate a default is addressed to the sound discretion of the…

2Cases cited15 opinions

  1. Moore v. DayAppellate Division of the Supreme Court of the State of New York · 2008
  2. Verde Electric Corp. v. Federal InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  3. Lee v. MorganAppellate Division of the Supreme Court of the State of New York · 2009
  4. Cooney v. Cambridge Management & Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  5. Gerdes v. CanalesAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by24 opinions

  1. Kohn v. KohnAppellate Division of the Supreme Court of the State of New York · 2011
  2. Needleman v. TornheimAppellate Division of the Supreme Court of the State of New York · 2013
  3. Strunk v. Revenge Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  4. Braynin v. DunleavyAppellate Division of the Supreme Court of the State of New York · 2013
  5. Toll Bros. v. DorschAppellate Division of the Supreme Court of the State of New York · 2012

19 more not listed; retrieve them via the Exa API.

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