Legal Opinion

Peck v. Ernst Bros.

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

Decided May 7, 1981PublishedCited by 12 opinions

1Opinion of the Court

— Appeal from an order of the County Court of Saratoga County, entered September 16, 1980, which denied plaintiffs’ motion for an extension of time to serve a notice of appeal. Plaintiffs entered a default judgment against defendant on May 23, 1978. Defendant’s motion to vacate was denied and the resultant order was affirmed by this court (Peck v Ernst Bros., 73 AD2d 735). On February 15, 1980, defendant again moved to vacate the default judgment on different grounds. The motion was granted. The order was entered and a copy with notice of entry was served on plaintiff’s attorney on June 2,…

2Cases cited2 opinions

  1. Messner v. MessnerAppellate Division of the Supreme Court of the State of New York · 1973
  2. Peck v. Ernst Brothers, Inc.Appellate Division of the Supreme Court of the State of New York · 1979

3Cited by12 opinions

  1. Claim of Deraway v. Bulk Storage, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Russell v. University of New Mexico HospitalNew Mexico Court of Appeals · 1987
  3. Morrison v. PiperAppellate Division of the Supreme Court of the State of New York · 1990
  4. Peck v. Ernst Bros.Appellate Division of the Supreme Court of the State of New York · 1982
  5. Albany Engineering Corp. v. Hudson River/Black River Regulating DistrictAppellate Division of the Supreme Court of the State of New York · 2013

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