Legal Opinion
Kachar v. Berlin
Appellate Division of the Supreme Court of the State of New York
Decided July 15, 2002PublishedCited by 6 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Clemente, J.), dated January 4, 2002, which granted the defendants’ motion to vacate their default in appearing and answering.
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
CPLR 5015 (a) (1) provides that a court may relieve a party from a judgment or order on the ground of excusable default if such a motion is made within one year after service of the judgment or order with written notice of entry. Here, it is undisputed…
2Cases cited2 opinions
- Peters v. PickardAppellate Division of the Supreme Court of the State of New York · 1988
- Hazen v. BottiglieriAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by6 opinions
- Juseinoski v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2005
- Kaplinsky v. MazorAppellate Division of the Supreme Court of the State of New York · 2003
- Gainey v. AnorzejAppellate Division of the Supreme Court of the State of New York · 2006
- Terlizzese v. Robinson's Custom Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Alexander v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
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