Delfyette v. Douth
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*847No opinion. Beldoek, P. J., Christ, Rabin and Munder, JJ., concur; Benjamin, J., dissents and votes to reverse the order and to grant plaintiff’s motion to open her default, with the following memorandum: Plaintiff was seriously injured when struck by defendant’s car. She submitted to a pretrial examination, but thereafter failed to appear for or to submit to a physical examination, apparently because of mental and emotional instability. Because of that default, her action has been dismissed; and her subsequent motion to open the default and to vacate the judgment of dismissal has been…
2Cited by1 opinion
- Delfyette v. FisherAppellate Division of the Supreme Court of the State of New York · 1972