Fried v. Jacob Holding, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Balkin, J.
The Supreme Court denied the plaintiffs’ motion for leave to *58enter a default judgment and granted the defendant’s application, in effect, for leave to serve a late answer, and to compel the plaintiffs to accept service of that answer. The principal issue on this appeal is whether it was proper for the court to consider the defendant’s application when the defendant had not made its request for relief in a formal notice of cross motion (see CPLR 2215). Our precedent on this subject has been inconsistent, leaving the law unsettled. This appeal gives us an…
2Cases cited40 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Woodson v. Mendon Leasing Corp.New York Court of Appeals · 2003
- Harcztark v. Drive Variety, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Wassertheil v. Elburg, LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Wells Fargo Bank v. CerviniAppellate Division of the Supreme Court of the State of New York · 2011
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