Legal Opinion
McCray v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided October 7, 2002Published
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant Asia L. Smith appeals from an order of the Supreme Court, Kings County (G. Aronin, J.), dated October 15, 2001, which denied her motion to vacate an order of the same court dated June 11, 2001, granting, on her default, the plaintiff’s motion for leave to enter judgment against her, upon her default in answering.
Ordered that the order is affirmed, with costs.
By making an earlier motion (erroneously denominated as a cross motion) to compel acceptance of her answer, bereft of any jurisdictional defense, the appellant waived…
2Cases cited6 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Gray v. B. R. Trucking Co.New York Court of Appeals · 1983
- Anamdi v. AnugoAppellate Division of the Supreme Court of the State of New York · 1996
- Laurenzano v. LaurenzanoAppellate Division of the Supreme Court of the State of New York · 1995
- Mita v. BianchiAppellate Division of the Supreme Court of the State of New York · 2001
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