Legal Opinion

Russo v. U-Store Self Storage, LLC

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

Decided November 22, 2004Published

1Opinion of the Court

*587In an action, inter alia, for replevin, the plaintiffs appeal from an order of the Supreme Court, Richmond County (Vitaliano, J.), dated March 5, 2004, which denied their motion for leave to enter a judgment against the defendant upon its default in appearing or answering and granted the cross motion of the defendant pursuant to CPLR 3012 for an extension of time to serve an answer.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court providently exercised its discretion in denying the plaintiffs’ motion for leave to enter a default judgment and in granting the…

2Cases cited5 opinions

  1. Khanna v. Premium Food & Sports Enterprise, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  2. Stone v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2000
  3. Nasca v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2004
  4. Trent v. Bedford Stuyvesant Restoration CenterAppellate Division of the Supreme Court of the State of New York · 2000
  5. Kelly v. National Wholesale Liquidators, Inc.Appellate Division of the Supreme Court of the State of New York · 2002

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