Legal Opinion

Smith v. Fritz

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

Decided March 6, 1989PublishedCited by 9 opinions

1Opinion of the Court

In a negligence action to recover damages for personal injuries, the defendants appeal from so much of an order of the Supreme Court, Suffolk County (Luciano, J.), dated June 1, 1987, as granted that branch of the plaintiffs’ motion which was to vacate the plaintiffs’ default in pleading.

Ordered that the order is reversed insofar as appealed from, on the law and the facts, with costs, that branch of the plaintiffs’ motion which was to vacate their default is denied, and the complaint is dismissed.

The plaintiffs claim to have been injured on July 1, 1977, when the motorcycle on which they were…

2Cases cited4 opinions

  1. Mineroff v. R. H. Macy's & Co.Appellate Division of the Supreme Court of the State of New York · 1983
  2. Norowitz v. Ponconco, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
  3. Burks v. WeissAppellate Division of the Supreme Court of the State of New York · 1988
  4. Smallridge v. Macalaster Bicknell Co.Appellate Division of the Supreme Court of the State of New York · 1987

3Cited by9 opinions

  1. Neuman v. GreenblattAppellate Division of the Supreme Court of the State of New York · 1999
  2. Dominguez v. CariosciaAppellate Division of the Supreme Court of the State of New York · 2003
  3. Fuller v. Tae KwonAppellate Division of the Supreme Court of the State of New York · 1999
  4. Tortorello v. TortorelloAppellate Division of the Supreme Court of the State of New York · 1990
  5. Tobin v. PerlmutterAppellate Division of the Supreme Court of the State of New York · 2001

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