Legal Opinion
Araujo v. Aviles
Appellate Division of the Supreme Court of the State of New York
Decided October 24, 2006PublishedCited by 9 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Partnow, J.), dated September 23, 2005, which denied his motion to vacate a judgment dated December 17, 2004, entered upon his default in answering the complaint.
Ordered that the order is affirmed, with costs.
The defendant’s sole contention on this appeal is that the plaintiff’s noncompliance with the requirement of CPLR 3215 (f) rendered the ensuing default judgment a “nullity” and excused the defendant’s default in answering the complaint. We disagree.
Even if the…
2Cases cited5 opinions
- Blam v. NetcherAppellate Division of the Supreme Court of the State of New York · 2005
- Harkless v. ReidAppellate Division of the Supreme Court of the State of New York · 2005
- Hazim v. WinterAppellate Division of the Supreme Court of the State of New York · 1996
- Coulter v. Town of HighlandsAppellate Division of the Supreme Court of the State of New York · 2006
- Matone v. Sycamore Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2006
3Cited by9 opinions
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- Neuman v. Zurich North AmericaAppellate Division of the Supreme Court of the State of New York · 2007
- Zaidman v. ZaidmanAppellate Division of the Supreme Court of the State of New York · 2011
- Midfirst Bank v. Al-RahmanAppellate Division of the Supreme Court of the State of New York · 2011
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