Legal Opinion · Dissent

Weissblum v. Mostafzafan Foundation

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

Decided November 23, 1982Published

1DissentMarkewich, J.

This action for brokerage commissions was commenced on March 4, 1981 by service of both summons and complaint. On April 1, 1981, after time to answer had expired, counsel for defendant-respondent attempted to serve an answer, but was *742rebuffed after a three-week delay while plaintiffs considered whether it would be acceptable. In the interval, default was entered. Defendant-respondent’s motion to vacate the default was granted. No explanation was given for the delay except that the papers had been inexplicably lost in counsel’s office for some weeks after receipt from the client. Upon their…

2Cases cited5 opinions

  1. Barasch v. MicucciNew York Court of Appeals · 1980
  2. Eaton v. Equitable Life Assurance Society of United States, Inc.New York Court of Appeals · 1982
  3. A & J Concrete Corp. v. ArkerNew York Court of Appeals · 1981
  4. Small v. ApplebaumAppellate Division of the Supreme Court of the State of New York · 1980
  5. Montmarte, Inc. v. Salvation ArmyAppellate Division of the Supreme Court of the State of New York · 1963

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