Legal Opinion
Kirkman/3hree, Inc. v. Priority AMC/Jeep, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 12, 1983PublishedCited by 10 opinions
1Opinion of the Court
— Appeal from an order of the Supreme Court at Special Term (Torraca, J.), entered August 30, 1982 in Albany County, which granted defendant Dan Prior’s motion to vacate a default judgment pursuant to CPLR 5015 (subd [a]). Admittedly, defendant Prior was personally served with the summons and complaint herein on February 18, 1982 and failed to answer or move until after judgment was taken by default on May 5, 1982. In defendant’s affidavit on the motion to vacate the default judgment, he averred that he had contacted a certain Schenectady attorney by telephone, was advised that the said…
2Cases cited2 opinions
- State Bank v. Guiseppi Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
- Bridger v. DonaldsonAppellate Division of the Supreme Court of the State of New York · 1970
3Cited by10 opinions
- Passalacqua v. BanatAppellate Division of the Supreme Court of the State of New York · 1984
- Tucker v. RogersAppellate Division of the Supreme Court of the State of New York · 1983
- Whitaker v. McGeeAppellate Division of the Supreme Court of the State of New York · 1983
- Burks v. WeissAppellate Division of the Supreme Court of the State of New York · 1988
- Union National Bank v. O'DonnellAppellate Division of the Supreme Court of the State of New York · 1984
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