Legal Opinion

Soggs v. Crocco

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

Decided June 5, 1992No. Appeal No. 1PublishedCited by 7 opinions

1Opinion of the Court

Order unanimously reversed on the law with costs, motion granted, default judgment vacated and defendant’s time to serve an answer extended to 20 days after service of a copy of the order herein with notice of entry. Memorandum: It was error for the court sua sponte to grant a default judgment when plaintiff did not seek such relief (see, Phoenix Enters. Ltd. Partnership v Insurance Co., 130 AD2d 406, 407) and did not submit the proof required under CPLR 3215 (e). In his papers, plaintiff specifically requested summary judgment, not judgment by default. Defendant was not provided notice that…

2Cases cited7 opinions

  1. Marazita v. NelbachAppellate Division of the Supreme Court of the State of New York · 1982
  2. Burstin v. Public Service Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
  3. Mark IV Homes, Inc. v. Evans Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
  4. Maidenbaum v. Ellis HospitalAppellate Division of the Supreme Court of the State of New York · 1975
  5. Phoenix Enterprises Ltd. Partnership v. Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1987

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Sena v. Nationwide Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1993
  2. Curry v. RomanAppellate Division of the Supreme Court of the State of New York · 1995
  3. Manufacturers & Traders Trust Co. v. Client Server Direct, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Tarrant v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 2001
  5. Globalized Realty Group, LLC v. Crossroad Realty NY, LLCAppellate Division of the Supreme Court of the State of New York · 2025

2 more not listed; retrieve them via the Exa API.

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