Hazen v. Bottiglieri
Appellate Division of the Supreme Court of the State of New York
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
- Miles v. Blue Label Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Peters v. PickardAppellate Division of the Supreme Court of the State of New York · 1988
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- Kachar v. BerlinAppellate Division of the Supreme Court of the State of New York · 2002
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