Legal Opinion
Klenk v. Kent
Appellate Division of the Supreme Court of the State of New York
Decided July 13, 1984PublishedCited by 19 opinions
1Opinion of the Court
— Order unanimously reversed, without costs, defendant’s motion denied and judgment reinstated. Memorandum: Plaintiffs appeal from an order granting defendant leave to reargue plaintiffs’ original motion for a default judgment and which, upon reargument, vacated the order granting the default judgment, vacated the default judgment, and directed plaintiffs to accept service of defendant’s answer arid counterclaim. We reverse. j| A defendant late in answering is in default and his application to be excused therefrom is equivalent to a motion to open a default judgment (Bermudez v City of New…
2Cases cited4 opinions
- FID. & DEPOSIT CO. OF MARYLAND v. Arthur Andersen & Co.New York Court of Appeals · 1983
- Bernard v. City School District of AlbanyAppellate Division of the Supreme Court of the State of New York · 1983
- Bermudez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1964
- State Farm Mutual Automobile Insurance v. VigerAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by19 opinions
- Oversby v. Linde Division of Union Carbide Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Special Products Manufacturing, Inc. v. DouglassAppellate Division of the Supreme Court of the State of New York · 1990
- Murphy v. D. V. Waste Control Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Bardi v. Warren County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 1993
- Johnson v. McFadden Ford, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
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