Legal Opinion

O'Garro v. Brown

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

Decided November 13, 2001PublishedCited by 5 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the *280Supreme Court, Kings County (G. Aronin, J.), dated May 3, 2001, which granted the defendant’s motion to vacate a judgment entered September 28, 2000, upon the defendant’s failure to answer the complaint or appear.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the judgment entered September 28, 2000, is reinstated.

Although the Supreme Court had the authority to consider the defendant’s motion to vacate the judgment entered upon his default as one pursuant to…

2Cases cited5 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Lawrence v. Esplanade Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  3. Jeremic v. TongAppellate Division of the Supreme Court of the State of New York · 2001
  4. McCleaver v. VanFossenAppellate Division of the Supreme Court of the State of New York · 2000
  5. Mootoo v. RuizAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by5 opinions

  1. Labozzetta v. FabbroAppellate Division of the Supreme Court of the State of New York · 2005
  2. Cruz v. NarisiAppellate Division of the Supreme Court of the State of New York · 2006
  3. Velasquez v. GallelliAppellate Division of the Supreme Court of the State of New York · 2007
  4. Cruz v. NarisiAppellate Division of the Supreme Court of the State of New York · 2006
  5. Kalamadeen v. SinghAppellate Terms of the Supreme Court of New York · 2008

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