Legal Opinion
Rust v. Sifer
New York Supreme Court
Decided June 16, 1982PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Thomas Aloi, J.
Defendant Sifer has moved to vacate a default judgment on the sole ground that judgment was entered more than one year after default without giving defendant the five-day notice set forth in CPLR 3215 (subd [f], par 1).
On this motion, plaintiff submitted uncontradicted proof that neither defendant nor his insurance carrier intended to appear and contest this action or the entry of default judgment following inquest. Indeed, defendant told plaintiff’s counsel that defendant would take no steps whatsoever to defend the action and that if default judgment was…
2Cases cited7 opinions
- Multari v. Glalin Arms Corp.Appellate Division of the Supreme Court of the State of New York · 1967
- Back v. SternAppellate Division of the Supreme Court of the State of New York · 1965
- Raichle, Moore, Banning & Weiss v. Commonwealth Financial Corp.Appellate Division of the Supreme Court of the State of New York · 1961
- Multari v. Glalin Arms Corp.New York Court of Appeals · 1968
- Tomczak v. SzczurAppellate Division of the Supreme Court of the State of New York · 1977
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Fleet Finance, Inc. v. NielsenAppellate Division of the Supreme Court of the State of New York · 1996
- Smith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997