Legal Opinion

Rosado v. Economy Elevator Co.

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

Decided February 24, 1997PublishedCited by 6 opinions

1Opinion of the Court

—In an action, inter alia, to recover damages for personal injuries, etc., the defendant third-party plaintiff Economy Elevator Service of New York, Inc., s/h/a Economy Elevator Co., appeals from an order of the Supreme Court, Kings County (Dowd, J.), dated January 8, 1996, which denied its motion to vacate an order entered upon its default, which order granted the third-party defendant’s motion for summary judgment dismissing the third-party complaint.

Ordered that the order is affirmed, with costs.

It is well established that a party seeking to be relieved of its default must establish both a…

2Cases cited4 opinions

  1. Fennell v. MasonAppellate Division of the Supreme Court of the State of New York · 1994
  2. Miles v. Blue Label Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Correa v. AhnAppellate Division of the Supreme Court of the State of New York · 1994
  4. Wilcox v. Parkland Development Corp.Appellate Division of the Supreme Court of the State of New York · 1990

3Cited by6 opinions

  1. Eretz Funding, Ltd. v. Shalosh AssociatesAppellate Division of the Supreme Court of the State of New York · 1999
  2. Weekes v. KarayianakisAppellate Division of the Supreme Court of the State of New York · 2003
  3. Gourdet v. HershfeldAppellate Division of the Supreme Court of the State of New York · 2000
  4. Philippi v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
  5. Tummina v. Royal Carting Services, L. L. C.Appellate Division of the Supreme Court of the State of New York · 2001

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