Legal Opinion
Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.
New York Court of Appeals
Decided March 27, 1986PublishedCited by 580 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
The issue on this appeal is whether the trial court abused its discretion as a matter of law in granting defendant Phil-Mar Lumber Corporation’s motion to vacate a default judgment entered against it. We conclude that it did not, and remit the case to the Appellate Division for the exercise of discretion by that court.
Plaintiff brought a breach of contract action in Supreme Court against Phil-Mar Lumber Corporation (Phil-Mar) and A. C. Dutton Lumber Company, Inc. (Dutton). It served Phil-Mar, a New York corporation, by delivering two copies of the summons and complaint to…
3Cases cited16 opinions
- Gray v. B. R. Trucking Co.New York Court of Appeals · 1983
- Taieb v. Hilton Hotels Corp.New York Court of Appeals · 1983
- Brac Construction Corp. v. Di-Com Corp.Appellate Division of the Supreme Court of the State of New York · 1976
- Rifenburg v. Liffiton Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- McCormick v. AxelrodNew York Court of Appeals · 1983
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4Cited by580 opinions
- Woodson v. Mendon Leasing Corp.New York Court of Appeals · 2003
- Roussodimou v. ZafiriadisAppellate Division of the Supreme Court of the State of New York · 1997
- Fried v. Jacob Holding, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Wassertheil v. Elburg, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Fennell v. MasonAppellate Division of the Supreme Court of the State of New York · 1994
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