Legal Opinion
Brockington v. Brookfield Development Corp.
Appellate Division of the Supreme Court of the State of New York
Decided September 22, 2003PublishedCited by 24 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Donovan, J.), dated August 7, 2002, which granted the defendant’s motion pursuant to CPLR 317 to vacate a judgment of the same court (Coppola, J.), dated March 20, 2002, entered upon its failure to appear or answer.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in granting the defendant’s motion pursuant to CPLR 317 to vacate a judgment entered upon its failure to appear or answer. A defendant is…
2Cases cited5 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Samet v. Bedford Flushing Holding Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- Ford v. 536 East 5th Street Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Falsetta v. Ronzoni Foods Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- D & D Asphalt Construction Corp. v. Co-realty, LLCAppellate Division of the Supreme Court of the State of New York · 2002
3Cited by24 opinions
- Sean v. 172 Aububon Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- Cavalry Portfolio Servs., LLC v. ReismanAppellate Division of the Supreme Court of the State of New York · 2008
- Calderon v. 163 Ocean Tenants Corp.Appellate Division of the Supreme Court of the State of New York · 2006
- 393 Lefferts Partners, LLC v. New York Avenue at Lefferts, LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Hidalgo v. Cruiser Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 2012
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