Legal Opinion

Dela Cruz v. Keter Residence, LLC

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

Decided March 12, 2014Published

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Sweeney, J.), dated August 14, 2013, which denied his motion pursuant to CPLR 3215 for leave to enter a judgment on the issue of liability against the defendant, upon its failure to appear or answer the complaint, and granted the defendant’s cross motion for leave to serve and file a late answer.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the plaintiffs motion pursuant to CPLR 3215 for leave to enter judgment on the…

2Cases cited13 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Wassertheil v. Elburg, LLCAppellate Division of the Supreme Court of the State of New York · 2012
  3. Gray v. B. R. Trucking Co.New York Court of Appeals · 1983
  4. Paul Conte Cadillac, Inc. v. C.A.R.S. Purchasing Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
  5. Santiago v. Sansue Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1997

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