Legal Opinion
O'Leary v. Noutsis
Appellate Division of the Supreme Court of the State of New York
Decided March 24, 2003PublishedCited by 3 opinions
1Opinion of the Court
*665—In an action, inter alia, to recover damages for assault, the defendant Brendan Wright appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Joseph, J.), dated March 22, 2002, as granted that branch of the plaintiffs cross motion which was for leave to enter a judgment against him on the issue of liability upon his default in answering, and declined to compel the plaintiff to accept his late answer.
Ordered that the order is affirmed insofar as appealed from, with costs.
A defendant seeking to vacate a default in appearing or answering must demonstrate…
2Cases cited6 opinions
- FID. & DEPOSIT CO. OF MARYLAND v. Arthur Andersen & Co.New York Court of Appeals · 1983
- Gray v. B. R. Trucking Co.New York Court of Appeals · 1983
- Passalacqua v. BanatAppellate Division of the Supreme Court of the State of New York · 1984
- State Farm Fire & Casualty Co. v. BongiornoAppellate Division of the Supreme Court of the State of New York · 1997
- Cilindrello v. RayabinAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by3 opinions
- Kaplinsky v. MazorAppellate Division of the Supreme Court of the State of New York · 2003
- Dominguez v. CariosciaAppellate Division of the Supreme Court of the State of New York · 2003
- Heinz v. FaljeanAppellate Division of the Supreme Court of the State of New York · 2008