Coughlin v. Merchants Mutual Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court at Special Term entered November 4, 1976 in Warren County, which granted a motion by plaintiff to be relieved of his default in removing this action from the Deferred Calendar and directed that the action be added to the Day Calendar. There is evidence in this record that the case was originally marked "off’ because of a failure of communication involving the court clerk. Plaintiff has, in addition, set forth sufficient showings of a prima facie case and a lack of prejudice to defendants to convince us that Special Term did not abuse its discretion in…
2Cases cited2 opinions
- Sal Masonry Contractors, Inc. v. Array Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1975
- Casey v. Fuller Brush Co.Appellate Division of the Supreme Court of the State of New York · 1976
3Cited by4 opinions
- Deshler v. East West Renovators, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Zrake v. New York City Department of EducationAppellate Division of the Supreme Court of the State of New York · 2005
- Conch Associates, Inc. v. Mercury, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Bankers Trust v. JacksonCivil Court of the City of New York · 1979