Legal Opinion
LaValle v. Astoria Construction & Paving Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 4, 1999PublishedCited by 18 opinions
1Opinion of the Court
—Order, Supreme Court, Bronx County (Stanley Green, J.), entered July 7, 1998, which denied defendant’s motion to dismiss plaintiffs’ complaint pursuant to CPLR 3215 (c) and granted plaintiffs’ cross motion to the extent of ordering the defendant to serve an answer within 45 days of service of a copy of the order with notice of entry, unanimously affirmed, without costs.
While plaintiffs did not move for a default judgment within a year of defendant’s default (see, CPLR 3215 [a]), the court exercised its discretion providently by denying defendant’s motion to dismiss the complaint pursuant to…
2Cases cited2 opinions
- Sanchez v. Javind Apt. Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Hoffmann v. SalitanAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by18 opinions
- Opia v. ChukwuAppellate Division of the Supreme Court of the State of New York · 2000
- Laourdakis v. TorresAppellate Division of the Supreme Court of the State of New York · 2012
- Diaz v. PerezAppellate Division of the Supreme Court of the State of New York · 2014
- Moxson v. United AirlinesAppellate Division of the Supreme Court of the State of New York · 2001
- Graupner v. RothAppellate Division of the Supreme Court of the State of New York · 2002
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