Legal Opinion

Tutt v. City of Yonkers

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

Decided October 12, 2004PublishedCited by 4 opinions

1Opinion of the Court

In an action to recover damages for false arrest, malicious prosecution, and intentional infliction of emotional distress, the plaintiff appeals from an order of the Supreme Court, Westchester County (Barone, J.), dated October 7, 2003, which denied his motion to vacate an order of the same court entered July 30, 2003, granting the defendant’s motion pursuant to CPLR 3126 to dismiss the complaint upon his default in opposing the motion.

Ordered that the order is affirmed, with costs.

The defendant moved pursuant to CPLR 3126 to dismiss the complaint based on the plaintiff’s repeated failure to…

2Cases cited5 opinions

  1. Roussodimou v. ZafiriadisAppellate Division of the Supreme Court of the State of New York · 1997
  2. Kolajo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
  3. Wynne v. WagnerAppellate Division of the Supreme Court of the State of New York · 1999
  4. Rodriguez v. New York Methodist HospitalAppellate Division of the Supreme Court of the State of New York · 2004
  5. Scoca v. Bon Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2001

3Cited by4 opinions

  1. Dokaj v. Ruxton Tower Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2012
  2. L&L Auto Distributors & Suppliers Inc. v. Auto Collection, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Horne v. Swimquip, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  4. Brown v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2008

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API