222 First Avenue Realty, Inc. v. Vijax Fuel Oil Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Walter Schackman, J.), entered on or about December 28, 1993, which, inter alia, granted plaintiff-respondent’s motion for a default judgment as against defendant-appellant, unanimously affirmed, without costs.
The Special Referee’s finding that service was properly made on appellant turned largely on the credibility of witnesses and has support in the record. That the various parties were pursuing their interests in the Federal action involving the same issues was "sufficient cause” for plaintiff’s delay for more than a year in moving for a default…
2Cases cited1 opinion
- Ingenito v. Grumman Corp.Appellate Division of the Supreme Court of the State of New York · 1993
3Cited by1 opinion
- American Federal Group, Ltd. v. RothenbergAppellate Division of the Supreme Court of the State of New York · 2000