Legal Opinion
Youngstown Tube Co. v. Russo
Appellate Division of the Supreme Court of the State of New York
Decided September 24, 2014No. 2014-03259PublishedCited by 4 opinions
1Opinion of the Court
In an action, inter alia, to recover on an account stated, the defendant appeals from an order of the Supreme Court, Orange County (Onofry, J.), dated February 19, 2014, which denied his motion to vacate an amended judgment of the same court dated August 12, 2013, entered upon his failure to appear or answer the complaint, and, thereupon, to dismiss the complaint pursuant to CPLR 3211 (a).
Ordered that the order is affirmed, with costs.
Where, as here, a defendant seeking to vacate a default judgment raises a jurisdictional objection pursuant to CPLR 5015 (a) (4) and, alternatively, seeks…
2Cases cited16 opinions
- Scarano v. ScaranoAppellate Division of the Supreme Court of the State of New York · 2009
- Wassertheil v. Elburg, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Wells Fargo Bank v. CerviniAppellate Division of the Supreme Court of the State of New York · 2011
- US National Bank Ass'n v. MeltonAppellate Division of the Supreme Court of the State of New York · 2011
- Roberts v. AnkaAppellate Division of the Supreme Court of the State of New York · 2007
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3Cited by4 opinions
- LNV Corp. v. ForbesAppellate Division of the Supreme Court of the State of New York · 2014
- Duran v. MilordAppellate Division of the Supreme Court of the State of New York · 2015
- Sinay v. SchwartzmanAppellate Division of the Supreme Court of the State of New York · 2017
- BAC Home Loan Servicing, LP v. BertramNew York Supreme Court · 2016