Legal Opinion

Dwight W. Winkelman Foundation, Inc. v. Winkelman

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

Decided September 29, 1995PublishedCited by 1 opinion

1Opinion of the Court

Order unanimously modified on the law and as modified affirmed with costs to plaintiff in accordance with the following Memorandum: Supreme Court properly denied the cross motion of defendants to set aside their default because defendants did not present a reasonable excuse for their failure to answer. The court erred, however, in determining that August 1, 1989 is the accrual date for interest on the $66,815.42 judgment against defendants. Inasmuch as the funds involved were not withdrawn from plaintiffs account and converted by defendants until July 1990, the accrual date should be August…

2Cases cited3 opinions

  1. Laurie Marie M. v. Jeffrey T. M.Appellate Division of the Supreme Court of the State of New York · 1990
  2. Laurie Marie M. v. Jeffrey T. M.New York Court of Appeals · 1991
  3. Beecher v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by1 opinion

  1. In re the Accounting of ConklinNew York Surrogate's Court · 2015

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