Legal Opinion
Benjamin Electrical Engineering Works, Inc. v. A-J Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Decided April 6, 1995PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County (Martin Evans, J.), entered October 18, 1994, which, upon reargument, vacated a default judgment in favor of defendant and thereupon denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.
The IAS Court could properly consider plaintiffs motion to reargue and renew as one to vacate the default judgment against it pursuant to CPLR 2001, plaintiff having showed that its failure to oppose the motion for summary judgment was inadvertent and resulted in only a slight delay that caused no prejudice, and that its…
2Cases cited5 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Triangle Sheet Metal Works, Inc. v. JAMES H. MERRITT & CO.New York Court of Appeals · 1991
- Steel Storage & Elevator Construction Co. v. F. W. StockNew York Court of Appeals · 1919
- Hallmark Synthetics Corp. v. SUMITOMO SHOJI NEW YORK, INC.New York Court of Appeals · 1967
- Hallmark Synthetics Corp. v. Sumitomo Shoji New York, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
3Cited by1 opinion
- Perez v. JordanAppellate Division of the Supreme Court of the State of New York · 2007