Legal Opinion
Moss v. Cooley
Appellate Division of the Supreme Court of the State of New York
Decided March 28, 1985PublishedCited by 1 opinion
1Opinion of the CourtMikoll, J.
Appeals (1) from an order of the Supreme Court at Special Term (Bradley, J.), entered May 8, 1984 in Albany County, which denied defendants’ motion to renew a prior motion to vacate their default in answering the complaint, and (2) from an order of said court, entered September 7, 1984, which granted defendants’ motion for renewal and, upon renewal, vacated the default.
The instant appeals arose out of defendants’ default in filing an appearance in a malpractice action initiated by the service of a summons with notice only. The case has been on appeal before this court on two prior occasions.…
2Cases cited5 opinions
- Barasch v. MicucciNew York Court of Appeals · 1980
- Esa v. New York Property Insurance Underwriting Ass'nAppellate Division of the Supreme Court of the State of New York · 1982
- Morwin v. Albany HospitalAppellate Division of the Supreme Court of the State of New York · 1959
- Vitale v. La CourAppellate Division of the Supreme Court of the State of New York · 1983
- Feinstein v. GoebelAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by1 opinion
- Merwitz v. Dental Care Services, P. C.Appellate Division of the Supreme Court of the State of New York · 1989