Legal Opinion
State Farm Mutual Automobile Insurance v. Rodriguez
Appellate Division of the Supreme Court of the State of New York
Decided November 29, 2004PublishedCited by 6 opinions
1Opinion of the Court
In a subrogation action to recover insurance benefits paid to *663the plaintiffs insured, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Palmieri, J.), dated April 12, 2004, as denied his cross motion to dismiss the complaint pursuant to CPLR 3215 (c).
Ordered that the order is affirmed insofar as appealed from, with costs.
“Where a defendant defaults in appearing or answering and a plaintiff fails to enter a judgment upon the default within one year thereof, the action is deemed abandoned (see CPLR 3215 [c])” (Turnbull v Summit…
2Cases cited5 opinions
- Ingenito v. Grumman Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Hinds v. 2461 Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Rivera v. ShlagbaumAppellate Division of the Supreme Court of the State of New York · 1994
- Martin v. ZangrilloAppellate Division of the Supreme Court of the State of New York · 1992
- Turnbull v. Summit Entertainment Corp.Appellate Division of the Supreme Court of the State of New York · 2002
3Cited by6 opinions
- Clarke v. Liberty Mutual Fire Insurance Co.Appellate Division of the Supreme Court of the State of New York · 2017
- Iorizzo v. MattikowAppellate Division of the Supreme Court of the State of New York · 2006
- DuBois v. Roslyn National Mortgage Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- G.D. Van Wagenen Financial Services, Inc. v. SichelAppellate Division of the Supreme Court of the State of New York · 2007
- Metropolitan Property & Casualty Insurance v. Village of Croton-on-HudsonAppellate Division of the Supreme Court of the State of New York · 2006
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