Legal Opinion
New York Telephone Co. v. Don Siegel Construction Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 3, 2003PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages to property, the defendant Palisades Eklecco Corp. appeals from an order of the Supreme Court, Rockland County (Bergerman, J.), dated March 19, 2003, which denied its motion to vacate a judgment of the same court dated September 20, 2002, entered upon its failure to appear or answer.
Ordered that the order is reversed, without costs or disbursements, the motion is granted, the judgment is vacated, and the matter is remitted to the Supreme Court, Rockland County, for a new inquest on the issue of damages.
The appellant failed to rebut the plaintiffs proof that it…
2Cases cited5 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Rokina Optical Co. v. Camera King, Inc.New York Court of Appeals · 1984
- De La Barrera v. HandlerAppellate Division of the Supreme Court of the State of New York · 2002
- Truscello v. Olympia Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Astron Steel Fabrications, Inc. v. Kent Restoration, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
3Cited by3 opinions
- Ebewo v. MartinezDistrict Court, S.D. New York · 2004
- Eden Park Health Services, Inc. v. EstesAppellate Division of the Supreme Court of the State of New York · 2003
- Dejesus v. H.E. Broadway, Inc.Appellate Division of the Supreme Court of the State of New York · 2019