Legal Opinion
Marmo v. Gebbia
Appellate Division of the Supreme Court of the State of New York
Decided May 13, 2002PublishedCited by 1 opinion
1Opinion of the Court
—In an action, inter alia, to recover damages for breach of contract, the defendants appeal an order of the Supreme Court, Kings County (I. Aronin, J.), dated September 4, 2001, which denied their motion to vacate a judgment of the same court, dated January 29, 2001, upon their default in appearing for trial.
Ordered that the order is reversed, as a matter of discretion, without costs or disbursements, the motion is granted, the judgment is vacated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.
The Supreme Court improvidently…
2Cases cited5 opinions
- Albin v. First Nationwide Network Mortgage Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Rock v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1997
- Ruppell v. Hair Plus Beauty, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Fernandez v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Ferraro v. Balice Fashions, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
3Cited by1 opinion
- Gebbia v. GumoAppellate Division of the Supreme Court of the State of New York · 2006