Legal Opinion

Hot Roll Mfg. Co. v. Cerone Equipment Co.

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

Decided March 7, 1972PublishedCited by 19 opinions

1Opinion of the CourtGreenblott, J.

This is an appeal from an order of the County Court of Albany County, entered October 8, 1971, which affirmed an order of the Albany City Court vacating a judgment entered by default.

Plaintiff, a Missouri corporation, instituted an action in Albany City Court against defendant by service of a summons and verified complaint. When defendant failed to enter a timely appearance or answer, a default judgment was entered. Thereafter, defendant moved in the City Court pursuant to CPLR 5015 (subd. [a], par. 4) to vacate and set aside the judgment, alleging that plaintiff was an ‘‘ unlicensed foreign…

2Cases cited4 opinions

  1. Wood Selick v. . BallNew York Court of Appeals · 1907
  2. Oxford Paper Co. v. S. M. Liquidation Co.New York Supreme Court · 1965
  3. Hooton Chocolate Co. v. Star Chocolate Novelties, Inc.New York Supreme Court · 1970
  4. Uni-Serv Corp. v. LinkerCivil Court of the City of New York · 1970

3Cited by19 opinions

  1. In the Matter of Grand Bahama Petroleum Company, Limited v. Asiatic Petroleum CorporationCourt of Appeals for the Second Circuit · 1977
  2. Netherlands Shipmortgage Corporation, Ltd. v. Mark Madias and Nicholas T.K. SkarvelisCourt of Appeals for the Second Circuit · 1983
  3. Caspian Investments, Ltd. v. Vicom Holdings, Ltd.District Court, S.D. New York · 1991
  4. Central Wesleyan College v. W.R. Grace & Co.District Court, D. South Carolina · 1992
  5. Domino Media, Inc. v. KranisDistrict Court, S.D. New York · 1998

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