Legal Opinion

Delfyette v. Douth

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

Decided July 5, 1967PublishedCited by 1 opinion

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

  1. Delfyette v. FisherAppellate Division of the Supreme Court of the State of New York · 1972

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