Legal Opinion

Salemo v. Geller

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

Decided April 1, 1999PublishedCited by 5 opinions

1Opinion of the Court

—Orders, Supreme Court, New York County (Harold Tompkins, J.), entered February 9 and 11, 1998, which, respectively, denied the motion by defendants to vacate their default in appearing at a preliminary conference on December 3, 1997, and thereafter struck defendants’ answer for their failure to appear and set the matter for an inquest, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs or disbursements, and the answer reinstated.

Under the circumstances herein, defendants submitted a reasonable excuse for their default. Thus, counsel asserted in his…

2Cases cited1 opinion

  1. Eisenstein v. RoseAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by5 opinions

  1. Crespo v. A.D.A. ManagementAppellate Division of the Supreme Court of the State of New York · 2002
  2. Piper-Rader v. MuslimAppellate Division of the Supreme Court of the State of New York · 2012
  3. Fromartz v. BodnerAppellate Division of the Supreme Court of the State of New York · 1999
  4. Klein v. PersaudAppellate Division of the Supreme Court of the State of New York · 2011
  5. Piper-Rader v. MuslimAppellate Division of the Supreme Court of the State of New York · 2012

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