Legal Opinion
Maccagno v. Prior
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 2010PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered December 18, 2009, which granted defendants’ motion to dismiss the complaint and denied plaintiffs cross motion for a default judgment, unanimously affirmed, without costs.
There was no default because defendants had requested and received an extension of time to respond to the complaint (see Grant v City of New York, 17 AD3d 215, 217 [2005]), they timely served their motion to dismiss in full compliance with CPLR 2103 (b) (2), and they complied with the court’s instruction that they need not respond to interrogatories…
2Cases cited4 opinions
- Reddington v. Staten Island University HospitalNew York Court of Appeals · 2008
- Lamagna v. New York State Ass'n for the Help of Retarded Children, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Grant v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
- Bones v. Prudential Financial, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
3Cited by1 opinion
- Castro v. City of New YorkNew York Supreme Court · 2014