Legal Opinion

Rawson v. Austin

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

Decided September 11, 1975PublishedCited by 6 opinions

1Opinion of the Court

Order unanimously modified in accordance with memorandum and as modified affirmed, without costs. Memorandum: We do not find that Special Term’s exercise of discretion was improvident in granting defendants’ motion to open the default judgment. CPLR 5015 (subd [a]) empowers the court which rendered the judgment or order to relieve a party from it upon such terms as may be just. An inherent power not limited by statute is also possessed by the court to relieve a party from a judgment entered on a default (Michaud v Loblaws, Inc., 36 AD2d 1013), and in its exercise a court may open its own…

2Cases cited6 opinions

  1. Ladd v. . StevensonNew York Court of Appeals · 1889
  2. Ballard v. Billings & Spencer Co.Appellate Division of the Supreme Court of the State of New York · 1971
  3. Treitel v. Arnold Chait, Ltd.Appellate Division of the Supreme Court of the State of New York · 1964
  4. Pan American World Airways, Inc. v. Victoria Travel Agency, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
  5. Epstein v. KutnerAppellate Division of the Supreme Court of the State of New York · 1972

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3Cited by6 opinions

  1. Manufacturers & Traders Trust Co. v. Commercial Door & Hardware, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
  2. Allen v. PrestonAppellate Division of the Supreme Court of the State of New York · 1986
  3. Parker v. McMahonAppellate Division of the Supreme Court of the State of New York · 1976
  4. Schutzer v. Suss-KolyerAppellate Division of the Supreme Court of the State of New York · 1977
  5. Ciccarella v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1980

1 more not listed; retrieve them via the Exa API.

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