Legal Opinion
Higgins v. Bellet Construction Co.
Appellate Division of the Supreme Court of the State of New York
Decided October 23, 2001PublishedCited by 6 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Walter Tolub, J.), entered May 23, 2001, which denied plaintiffs motion for a default judgment, unanimously affirmed, without costs.
Defendant met its burden of demonstrating a meritorious defense and a reasonable excuse for the untimely service of its answer (see, Barajas v Toll Bros., 247 AD2d 242). Defendant’s counsel affirms that because of a death in the family he was away when the complaint was forwarded to his office and it was then misplaced by his staff. Upon learning of the complaint, counsel promptly sent an unverified answer to plaintiff,…
2Cases cited4 opinions
- Shure v. Village of Westhampton Beach, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Barajas v. Toll Bros.Appellate Division of the Supreme Court of the State of New York · 1998
- Silverio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- Meyer v. RoseAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by6 opinions
- M&E 73-75 LLC v. 57 Fusion LLCAppellate Division of the Supreme Court of the State of New York · 2014
- Curry v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Berardelli v. Novo Law Firm P.C.Appellate Division of the Supreme Court of the State of New York · 2020
- Burlington Ins. Co. v. Vartel NY Constr. Corp.Appellate Division of the Supreme Court of the State of New York · 2020
- Guzetti v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
1 more not listed; retrieve them via the Exa API.