Legal Opinion
Scrimenti v. Dry Harbor Nursing Home
Appellate Division of the Supreme Court of the State of New York
Decided November 8, 2006PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated June 23, 2005, as granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3215 (c) as abandoned.
*440Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff failed to seek entry of a default judgment within one year following the defendants’ default in answering the complaint. Thus, the complaint was subject to dismissal unless the plaintiff could establish a reasonable…
2Cases cited7 opinions
- Perricone v. City of New YorkNew York Court of Appeals · 1984
- Monzon v. Sony Motor, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
- Rafiq v. WestonAppellate Division of the Supreme Court of the State of New York · 1991
- Rendelman v. Southside HospitalAppellate Division of the Supreme Court of the State of New York · 1988
- Wilson v. Massapequa General HospitalAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by4 opinions
- Mattera v. CapricAppellate Division of the Supreme Court of the State of New York · 2008
- Shinn v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
- GMAC v. MinewiserAppellate Division of the Supreme Court of the State of New York · 2014
- GMAC v. MinewiserAppellate Division of the Supreme Court of the State of New York · 2014