Legal Opinion

Kurtz v. Mitchell

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

Decided March 28, 2006PublishedCited by 7 opinions

1Opinion of the Court

In an action to recover damages for breach of contract and an account stated, the defendant Michael Mitchell appeals from an order of the Supreme Court, Putnam County (O’Rourke, J.), dated December 13, 2004, which denied his motion to vacate a judgment of the same court entered July 19, 2004, upon his default in answering, in favor of the plaintiff and against him in the principal sum of $400,000.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the appellant’s motion to vacate the default judgment. To vacate his default, the…

2Cases cited9 opinions

  1. Roussodimou v. ZafiriadisAppellate Division of the Supreme Court of the State of New York · 1997
  2. Santiago v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2004
  3. Harkless v. ReidAppellate Division of the Supreme Court of the State of New York · 2005
  4. Grezinsky v. Mount Hebron CemeteryAppellate Division of the Supreme Court of the State of New York · 2003
  5. Abrams v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004

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3Cited by7 opinions

  1. Thas v. Dayrich Trading, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Dave Sandel, Inc. v. Specialized Industrial Services Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Mauro v. 1896 Stillwell Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Peck v. Dybo Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2010
  5. Abdul v. HirschfieldNew York Supreme Court · 2008

2 more not listed; retrieve them via the Exa API.

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