Espinoza v. 373-381 Park Avenue South, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*533Contrary to the movants’ contention, “Entry of a judgment against a party defaulting in appearance is not mandatory” (Tortorello v Carlin, 260 AD2d 201, 204 [1999]; see also Baczkowski v Collins Constr. Co., 89 NY2d 499, 504 [1997]). When plaintiff appeared at the hearing, the court had before it the note of issue and the receipt showing that the note had been timely filed, by which point plaintiff had already responded to discovery demands, completed his deposition and submitted to physical examination by defendants.
The nature and degree of the penalty to be imposed on a motion to dismiss…
2Cases cited7 opinions
- Baczkowski v. D.A. Collins Construction Co.New York Court of Appeals · 1997
- Davis v. GoodsellAppellate Division of the Supreme Court of the State of New York · 2004
- Di Simone v. Good Samaritan HospitalNew York Court of Appeals · 2003
- Palmenta v. Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 1999
- Tortorello v. CarlinAppellate Division of the Supreme Court of the State of New York · 1999
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gayle v. BodyAppellate Division of the Supreme Court of the State of New York · 2018
- Rosario v. Albany ExpressAppellate Division of the Supreme Court of the State of New York · 2018
- Thompson v. Beth Israel Med. Ctr.Appellate Division of the Supreme Court of the State of New York · 2019
- Tyrell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Umeze v. Fidelis Care New YorkAppellate Division of the Supreme Court of the State of New York · 2010
1 more not listed; retrieve them via the Exa API.