Legal Opinion

Montgomery v. Colorado

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

Decided January 9, 1992PublishedCited by 6 opinions

1Opinion of the Court

This is an action for personal injuries allegedly sustained as a result of an automobile accident. The parties were ordered to appear for examination before trial but appellants failed to do so and gave no excuse for their nonappearance. Plaintiffs’ subsequent motion for default was withdrawn upon representations by the appellants that the witnesses would be produced. Upon being informed that the witnesses would not be produced, plaintiffs again moved for default resulting in a conditional order granted on consent. When the witnesses did not appear, plaintiffs moved pursuant to the…

2Cases cited5 opinions

  1. Moriates v. Powertest Petroleum Co.Appellate Division of the Supreme Court of the State of New York · 1985
  2. Heyward v. BenyarkoAppellate Division of the Supreme Court of the State of New York · 1981
  3. Reitte v. Entermy Cab Corp.Appellate Division of the Supreme Court of the State of New York · 1990
  4. Mardan Construction Corp. v. Rogers Auto Sales Corp.New York Supreme Court · 1959
  5. Mardan Construction Corp. v. Rogers Auto Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1961

3Cited by6 opinions

  1. McGarr v. Guardian Life Insurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 2005
  2. Collins v. Hayden on the Hudson CondominiumAppellate Division of the Supreme Court of the State of New York · 1993
  3. Hutson v. Allante Carting Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Shorter v. Luxury Auto Rentals, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  5. Carinha v. CarinhaNew York Supreme Court · 1998

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