Legal Opinion
Astron Steel Fabrications, Inc. v. Kent Restoration, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided May 7, 2001PublishedCited by 2 opinions
1Opinion of the Court
—In an action to recover damages for breach of contract, the defendant J.C.H. Delta Contracting, Inc., appeals from an order of the Supreme Court, Queens County (Levine, J.), dated June 7, 2000, which denied its motion, inter alia, to vacate its default in appearing at an inquest held on March 13, 2000.
Ordered that the order is reversed, the motion is granted, and the matter is remitted to the Supreme Court, Queens County, for a new inquest on damages.
As more than one year had elapsed since the appellant’s *382default in appearing and answering, the appellant was entitled to at least five days…
2Cases cited4 opinions
- Rokina Optical Co. v. Camera King, Inc.New York Court of Appeals · 1984
- Burns v. CasaleAppellate Division of the Supreme Court of the State of New York · 2000
- Skinner v. SkinnerAppellate Division of the Supreme Court of the State of New York · 1982
- Pruna v. GiacobbeNew York Supreme Court · 1964
3Cited by2 opinions
- 21st Mtge. Corp. v. RaghuAppellate Division of the Supreme Court of the State of New York · 2021
- New York Telephone Co. v. Don Siegel Construction Co.Appellate Division of the Supreme Court of the State of New York · 2003