Legal Opinion
McCarthy v. Chef Italia, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 21, 1984PublishedCited by 7 opinions
1Opinion of the Court
Appeal from an order of the County Court of *993Broome County (Coutant, J.), entered December 6,1983, which denied defendant’s motion to vacate a default judgment in favor of plaintiff.
This action to recover $6,800 for services rendered was commenced on August 30, 1983 by service on defendant of a summons and complaint. Defendant failed to answer and plaintiff, although not technically required to do so under CPLR 308, mailed to defendant a second summons and complaint on September 21, 1983. Defendant does not deny receiving this mailing; nevertheless, it again did not answer. A default judgment…
2Cases cited3 opinions
- Cohen v. LevyAppellate Division of the Supreme Court of the State of New York · 1975
- Foglia v. Fashion Floors Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Rios v. Wilcox Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1982
3Cited by7 opinions
- Chery v. AnthonyAppellate Division of the Supreme Court of the State of New York · 1989
- Brosnan v. BehetteAppellate Division of the Supreme Court of the State of New York · 1992
- Silveri v. LauferAppellate Division of the Supreme Court of the State of New York · 1992
- North Fork Bank v. MartinAppellate Division of the Supreme Court of the State of New York · 1999
- Merwitz v. Dental Care Services, P. C.Appellate Division of the Supreme Court of the State of New York · 1989
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