Legal Opinion

Johnson v. Marriott Management Service Corp.

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1999PublishedCited by 4 opinions

1Opinion of the Court

—Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered March 2, 1999, denying plaintiffs motion pursuant to CPLR 3215 for entry of a default judgment against defendant Stuart McLeod, and for an inquest and assessment of damages, unanimously affirmed, with costs.

Although the Marriot defendants timely interposed an answer to plaintiffs complaint setting forth 12 affirmative defenses, they did not answer the complaint on behalf of their employee, individual defendant McLeod, for whom they are answerable in the action (see, Vehicle and Traffic Law § 388), because they were not aware…

2Cases cited3 opinions

  1. Vines v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1990
  2. Ganvey Merchandising Corp. v. Knudsen Elevator Corp.Appellate Division of the Supreme Court of the State of New York · 1991
  3. Meyer v. RoseAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by4 opinions

  1. Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  2. Ha v. T.W. Smith Corp.New York Supreme Court · 2000
  3. Gonzalez v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2002
  4. Guzetti v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006

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