Legal Opinion

Harcztark v. Drive Variety, Inc.

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

Decided September 6, 2005PublishedCited by 80 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Grays, J.), dated October 10, 2003, which granted the defendants’ motion to vacate their default in answering the complaint and for leave to serve and file a late answer.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff’s contention, the Supreme Court providently exercised its discretion in granting the defendants’ motion to vacate their default in answering and for leave to serve a late answer (see Trimble v SAS Taxi Co. Inc., 8 AD3d 557…

2Cases cited4 opinions

  1. Orwell Building Corp. v. BessahaAppellate Division of the Supreme Court of the State of New York · 2004
  2. Trimble v. SAS Taxi Co.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Goodman v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Veith Enterprises, Inc. v. Electrical Development & Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2002

3Cited by80 opinions

  1. Fried v. Jacob Holding, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
  2. Chevalier v. 368 E. 148th Street Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  3. Gershman v. AhmadAppellate Division of the Supreme Court of the State of New York · 2015
  4. Lyubomirsky v. Lubov Arulin, PLLCAppellate Division of the Supreme Court of the State of New York · 2015
  5. Segovia v. Delcon Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2007

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