Legal Opinion

Gavalas v. Podelson

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

Decided September 17, 2002PublishedCited by 2 opinions

1Opinion of the Court

*536A default judgment was not pursued within one year of the defendants-appellants’ failure to respond to plaintiffs summons with notice. Thereafter, in response to defendants-appellants’ resulting motion to dismiss, the standard was not met pursuant to CPLR 3215 (c). Therefore, the Supreme Court should have granted defendants-appellants’ motion and dismissed the underlying action insofar as asserted against them (see Hoppenfeld v Hoppenfeld, 220 AD2d 302; contrast Truong v All Pro Air Delivery, 278 AD2d 45). Concur — Nardelli, J.P., Mazzarelli, Sullivan, Rosenberger and Marlow, JJ.

2Cases cited2 opinions

  1. Hoppenfeld v. HoppenfeldAppellate Division of the Supreme Court of the State of New York · 1995
  2. Truong v. All Pro Air Delivery, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by2 opinions

  1. Utak v. Commerce Bank Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Selective Auto Ins. Company of N.J. v. NesbittAppellate Division of the Supreme Court of the State of New York · 2018