Legal Opinion
Tobin v. Perlmutter
Appellate Division of the Supreme Court of the State of New York
Decided November 5, 2001PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated December 8, 2000, which denied his motion to vacate a judgment of the same court entered June 14, 2000, upon his failure to answer the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court properly exercised its discretion in denying the defendant’s motion to vacate the default judgment since neither the defendant’s unsubstantiated assertion of illness (see, Fuller v Tae Kwon, 259 AD2d 662; Smith v Fritz, 148 AD2d 438),…
2Cases cited8 opinions
- First International Bank of Israel, Ltd. v. L. Blankstein & Son, Inc.New York Court of Appeals · 1983
- Block v. MageeAppellate Division of the Supreme Court of the State of New York · 1989
- Fuller v. Tae KwonAppellate Division of the Supreme Court of the State of New York · 1999
- James v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1990
- Westchester County Medical Center v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by3 opinions
- Lane v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
- U.S. Bank National Ass'n v. LosnerAppellate Division of the Supreme Court of the State of New York · 2016
- Hudson City Savings Bank v. CohenAppellate Division of the Supreme Court of the State of New York · 2014