Legal Opinion
Price v. Salvo
Appellate Division of the Supreme Court of the State of New York
Decided April 11, 1994PublishedCited by 10 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated February 25, 1992, which denied his motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the defendant’s motion for summary judgment is granted, and the complaint is dismissed.
It is well established that in order for the plaintiffs to avoid the adverse impact of an order of preclusion, it was incumbent upon them to demonstrate an excusable default and the existence of a meritorious…
2Cases cited5 opinions
- Hargett v. Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1982
- White v. LeonardAppellate Division of the Supreme Court of the State of New York · 1988
- Becerril v. Skate Way Roller Rink, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Donovan v. Getty Petroleum Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Berman v. Brunswick Hospital CenterAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by10 opinions
- Cynan Sheetmetal Products, Inc. v. B.R. Fries & Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- American Shoring, Inc. v. D.C.A. Construction, Ltd.Appellate Division of the Supreme Court of the State of New York · 2005
- Koski v. Ryder TruckAppellate Division of the Supreme Court of the State of New York · 1997
- Low Surgical & Medical Supply, Inc. v. McAfeeAppellate Division of the Supreme Court of the State of New York · 2005
- Mann v. DachelAppellate Division of the Supreme Court of the State of New York · 1994
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