Legal Opinion
Decapua v. Morrissey
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 1977PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously reversed, with costs, and motion denied. Memorandum: In an action for personal injuries to the infant plaintiff, default judgment was entered in Supreme Court, Monroe County, in December, 1976 and set aside on motion of the defendant. We find that it was an improvident exercise of discretion to vacate the judgment, and we therefore reverse and reinstate the judgment entered December 27, 1976. The record is lacking facts which would establish excusable neglect, mistake or inadvertence (United Ind. Corp. v Shreiber, 51 AD2d 688, mot for lv to app den 39 NY2d 1015, cert den 429…
2Cases cited7 opinions
- Wall v. BennettAppellate Division of the Supreme Court of the State of New York · 1969
- United Industrial Corp. v. ShreiberAppellate Division of the Supreme Court of the State of New York · 1976
- United Industrial Corp. v. ShreiberNew York Court of Appeals · 1976
- National Commercial Bank & Trust Co. v. RossAppellate Division of the Supreme Court of the State of New York · 1972
- 418 Trading Corp. v. PelliccioAppellate Division of the Supreme Court of the State of New York · 1961
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Roseboro v. RoseboroAppellate Division of the Supreme Court of the State of New York · 1987
- S. Weiner Furniture Co. v. Dolphin Equipment Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1979
- Albers v. Luizzi Enterprises, Inc.New York Supreme Court · 1985
- De Capua v. MorrisseyAppellate Division of the Supreme Court of the State of New York · 1979
- Kissel v. GisondiAppellate Division of the Supreme Court of the State of New York · 1981