Legal Opinion
Jeffrey L. Rosenberg & Associates, LLC v. Lajaunie
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 2006PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover an attorney’s fee, the defendants appeal from an order of the Supreme Court, Nassau County (Jonas, J.), dated August 23, 2005, which denied their motion pursuant to CPLR 3012 (d) to vacate their default in appearing and answering and to compel the plaintiff to accept late service of their verified answer.
Ordered that the order is reversed, on the facts and as a matter of discretion, with costs, the motion is granted, and the verified answer is deemed served upon the plaintiff.
The Supreme Court improvidently exercised its discretion in denying the defendants’ motion…
2Cases cited6 opinions
- Jolkovsky v. LegemanAppellate Division of the Supreme Court of the State of New York · 2006
- Kaiser v. DelaneyAppellate Division of the Supreme Court of the State of New York · 1998
- Robles v. Grace Episcopal ChurchAppellate Division of the Supreme Court of the State of New York · 1993
- Classie v. Stratton Oakmont, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Van Man Adhesives Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cortlandt Healthcare, LLC v. GanttAppellate Division of the Supreme Court of the State of New York · 2008
- Branch v. BranchAppellate Division of the Supreme Court of the State of New York · 2009