Legal Opinion
Bernard v. City School District of Albany
Appellate Division of the Supreme Court of the State of New York
Decided August 5, 1983PublishedCited by 18 opinions
1Opinion of the Court
— Motion for reargument granted, without costs, and decision dated July 15,1982 [89 AD2d 676], rescinded and order entered August 3, 1982, vacated. Special Term, by order entered September 3,1981, granted defendant’s motion for leave to serve an answer and denied plaintiffs’ cross motion for entry of default judgment. Subsequent to Special Term’s order but before this court’s determination of the appeal therefrom, the Court of Appeals held that courts were without discretion to excuse the failure to timely file an answer where the excuse was merely law office failure (Eaton v Equitable Life…
2Cases cited5 opinions
- Barasch v. MicucciNew York Court of Appeals · 1980
- Eaton v. Equitable Life Assurance Society of United States, Inc.New York Court of Appeals · 1982
- Bernard v. City School District of AlbanyAppellate Division of the Supreme Court of the State of New York · 1982
- Wrye v. Ciba-Geigy Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Buskey v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1983
3Cited by18 opinions
- Klenk v. KentAppellate Division of the Supreme Court of the State of New York · 1984
- Grosso v. HauckAppellate Division of the Supreme Court of the State of New York · 1984
- Russo v. RochfordNew York Supreme Court · 1984
- Lindo v. EvansAppellate Division of the Supreme Court of the State of New York · 1983
- Kennedy v. Cassmon Realty Co.Appellate Division of the Supreme Court of the State of New York · 1988
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