Legal Opinion · Dissent
Dusovic v. New Jersey Transit Bus Operations, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 1986Published
1Dissent
Mangano, J.,
dissents and votes to reverse the order appealed from, deny the defendant’s motion and grant the plaintiff’s cross motion, in accordance with the following memorandum, with which Lazer J., concurs.
I agree with both the majority and Special Term in that the defendant’s delay in serving its answer was excusable. However, I disagree with the majority’s holding that the defendant has demonstrated in its motion papers, as required (A&J Concrete Corp. v Arker, 54 NY2d 870; Williams v City of New York, 85 AD2d 633; CPLR 2004, 3012 [d]), a meritorious defense to this action.
The plaintiff…
2Cases cited20 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- People v. HarrisNew York Court of Appeals · 1983
- United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
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