Legal Opinion
Firemen's Fund Insurance v. Dietz
Appellate Division of the Supreme Court of the State of New York
Decided April 5, 1985PublishedCited by 14 opinions
1Opinion of the Court
*1084Plaintiff contends that the court properly refused to set aside the judgment because defendant failed to comply with CPLR 5015 (a) (1) by showing that the default was excusable and by moving within one year after the service of the judgment. We conclude that the defendant was not in default at the time the judgment was granted, thus, CPLR 5015 (a) (1) does not apply. CPLR 321 (c) provides for an automatic stay of proceeding upon the death of an attorney of record until 30 days after the service of a notice to appoint another attorney. The failure of the party to appoint another attorney does…
2Cases cited4 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Red Creek National Bank v. Blue Star Ranch, Ltd.Appellate Division of the Supreme Court of the State of New York · 1977
- Marazita v. NelbachAppellate Division of the Supreme Court of the State of New York · 1982
- R. L. C. Investors, Inc. v. ZabskiAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by14 opinions
- Ruben v. American & Foreign InsuranceAppellate Division of the Supreme Court of the State of New York · 1992
- Allstate Insurance v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1987
- Lanc v. DonnellyAppellate Division of the Supreme Court of the State of New York · 1992
- Bauernfeind v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1989
- Chavoustie v. ShaadAppellate Division of the Supreme Court of the State of New York · 1987
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