Legal Opinion

Hazen v. Bottiglieri

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

Decided September 17, 2001PublishedCited by 15 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Richmond County (Rosenberg, J.), dated February 8, 2001, which granted the defendants’ motion to vacate a judgment against them dated July 20, 1999, upon their failure to appear or answer.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the judgment is reinstated.

CPLR 5015 (a) (1) provides that a court may relieve a party from a judgment or order on the ground of excusable default on motion if that motion is made within one year after service…

2Cases cited2 opinions

  1. Miles v. Blue Label Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  2. Peters v. PickardAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by15 opinions

  1. Juseinoski v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
  2. Lemberger v. Congregation Yetev Lev D'Satmar, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Cilindrello v. RayabinAppellate Division of the Supreme Court of the State of New York · 2002
  4. Andrade v. RanginwalaAppellate Division of the Supreme Court of the State of New York · 2002
  5. Kachar v. BerlinAppellate Division of the Supreme Court of the State of New York · 2002

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