Legal Opinion

Tri-Messine Construction Co. v. Telesector Resources Group, Inc.

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

Decided May 30, 2000Published

1Opinion of the Court

—In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Winslow, J.), dated June 30, 1999, which granted the defendants’ motion, in effect, to vacate a judgment of the same court, dated May 28, 1999, entered upon the defendants’ default in answering the complaint, for an extension of time to serve an answer, and to compel the plaintiff to accept service thereof.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in granting the defendants’ motion, in effect,…

2Cases cited2 opinions

  1. Shure v. Village of Westhampton Beach, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
  2. De Benedictis v. RahbarAppellate Division of the Supreme Court of the State of New York · 2000

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