Cedeno v. Wimbledon Building Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered January 20, 1993, which conditionally vacated a $25,000 default judgment, unanimously reversed, on the law, and the judgment is unconditionally reinstated, without costs.
Default judgment in this personal injury action was entered in 1991. A motion to vacate should be made within one year of entry of a default judgment (CPLR 5015 [a] [1]). Defendant moved to vacate in August 1992, more than a year after entry of the judgment, arguing that its first notice of the action was in an April 1992 letter from plaintiff’s counsel demanding…
2Cases cited4 opinions
- Gray v. B. R. Trucking Co.New York Court of Appeals · 1983
- 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
- Associated Imports, Inc. v. Leon Amiel Publisher, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Cristo Bros. v. M. Cristo, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
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- SP & S Associates, LLC v. Insurance Co. of Greater New YorkAppellate Division of the Supreme Court of the State of New York · 2011
- 26 Warren Corp. v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1998
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