Legal Opinion

Yoon v. Fordham University

Appellate Division of the Supreme Court of the State of New York

Decided April 23, 1998PublishedCited by 3 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered March 28, 1997, which denied plaintiffs motion to vacate a default judgment dismissing the complaint, unanimously affirmed, without costs.

The action was properly dismissed in view of plaintiff’s repeated failure to appear at trial despite awareness of the trial dates and the warnings of counsel of the consequences of not appearing; plaintiffs general lack of diligence in pursuing the matter, pending for over a decade; and the prejudice that would result to defendant in having to produce witnesses to testify as to facts dating…

2Cases cited2 opinions

  1. Martinez v. Otis Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1995
  2. Padilla v. DaSilvaAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by3 opinions

  1. Man Yoon v. Fordham University Faculty And Administrative Retirement PlanCourt of Appeals for the Second Circuit · 2001
  2. Yoon v. Fordham University FacultyCourt of Appeals for the Second Circuit · 2006
  3. Yoon v. Fordham University Faculty & Administrative Retirement PlanCourt of Appeals for the Second Circuit · 2001

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