Legal Opinion
Yacone v. Ryan Homes, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 9, 1995PublishedCited by 6 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in granting the motion of defendants to vacate their default (see, CPLR 5015 [a] [1]). Defendants’ default resulted from law office failure on the part of defendants’ original attorney. A motion to vacate a default resulting from law office failure may be made pursuant to CPLR 2005 (see, Raphael v Cohen, 62 NY2d 700, 701; First Fed. Sav. & Loan Assn. v O’Daly, 201 AD2d 532). The motion to vacate was based upon the failure of defendants’ former attorney to respond to plaintiffs interrogatories and…
2Cases cited3 opinions
- Raphael v. CohenNew York Court of Appeals · 1984
- Lanc v. DonnellyAppellate Division of the Supreme Court of the State of New York · 1992
- First Federal Savings & Loan Ass'n of Rochester v. O'DalyAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by6 opinions
- Lauer v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 2008
- Hayes v. R.S. Maher & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Mayville v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Steinbarth v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1997
- Linzy v. Christa Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
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