Legal Opinion

Lombardo v. Yuen

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

Decided July 30, 2001PublishedCited by 1 opinion

1Opinion of the Court

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (Lebowitz, J.), dated October 17, 2000, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3215 (c) and denied her cross motion for leave to enter judgment against the defendant upon his default in answering the complaint.

Ordered that the order is affirmed, with costs.

Where a plaintiff fails to seek leave to enter a default judgment within one year after the default (see, CPLR 3215 [c]), he or she must offer a reasonable excuse for the…

2Cases cited2 opinions

  1. Manago v. GiorlandoAppellate Division of the Supreme Court of the State of New York · 1988
  2. First Nationwide Bank v. PretelAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by1 opinion

  1. Kay Waterproofing Corp. v. Ray Realty Fulton, Inc.Appellate Division of the Supreme Court of the State of New York · 2005

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