Dalton v. Noah Construction & Builders, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Mahon, J.), entered December 15, 2014, as granted that branch of the defendant’s motion which was pursuant to CPLR 317 and 5015 (a) (1) to vacate a judgment of the same court dated April 22, 2014, entered against the defendant upon its failure to appear or answer the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
CPLR 317 permits a defaulting defendant who was served with a…
2Cases cited3 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Gershman v. Midtown Moving & Storrage, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Schacker Real Estate Corp. v. 553 Burnside Avenue, LLCAppellate Division of the Supreme Court of the State of New York · 2015
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- Acqua Capital, LLC v. Camarella Contr. Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2018
- Andrade v. Companion Animal Network, Inc.Appellate Terms of the Supreme Court of New York · 2019
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