Legal Opinion
Sisca v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 2005PublishedCited by 6 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the *532defendant appeals from an order of the Supreme Court, Westchester County (Nastasi, J.), entered October 20, 2004, which granted the plaintiffs’ motion pursuant to CPLR 5015 (a) to vacate an order of the same court dated June 24, 2004, dismissing the complaint upon their default in appearing at a trial readiness conference.
Ordered that the order is affirmed, with costs.
Generally, the nature and degree of the penalty to be imposed pursuant to CPLR 3126 is a matter left to the sound discretion of the court (see CPLR 3126; Kihl v…
2Cases cited4 opinions
- Kihl v. PfefferNew York Court of Appeals · 1999
- Cruzatti v. St. Mary's HospitalAppellate Division of the Supreme Court of the State of New York · 1993
- Espinal v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
- DeCintio v. AhmedAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by6 opinions
- Estate of Lewis v. LewisCourt of Appeals of Arizona · 2012
- In re Salon Ignazia, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Brooks v. Maintenance Service Resources, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- In Re the ESTATE OF FRANCES B. LEWISCourt of Appeals of Arizona · 2012
- M & W Registry, Inc. v. ShahAppellate Division of the Supreme Court of the State of New York · 2009
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