Legal Opinion
Daval-Ogden v. Highbridge House Ogden
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 2013PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered February 3, 2012, which denied plaintiff’s motion to vacate a default judgment, and denied sub silentio defendant’s request for attorneys’ fees and sanctions, unanimously modified, on the law, plaintiff’s motion granted, and the matter remanded to the motion court for disposition of the underlying motion on the merits, and otherwise affirmed, without costs.
Under the circumstances of this case the motion court erred in finding that there was no excusable default based upon law office failure (see CPLR 2005; compare Perez v New…
2Cases cited4 opinions
- Dodds v. . HakesNew York Court of Appeals · 1889
- Perez v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
- Eighty Eight Bleecker Co. v. 88 Bleecker Street Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Souveran Fabrics Corp. v. Virginia Fibre Corp.Appellate Division of the Supreme Court of the State of New York · 1971
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- Bhatnagar v. City of New YorkNew York Supreme Court · 2016
- Mr. Ham, Inc. v. Perlbinder Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2014