Holt Construction Corp. v. J & R Music World, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Rockland County (Weiner, J.), entered May 16, 2001, which granted the defendant’s motion to vacate a judgment of the same court, dated March 14, 2001, entered upon an order of the same court, dated March 12, 2001, granting the plaintiff’s unopposed motion to strike the defendant’s answer for failure to proceed with discovery.
Ordered that the order is affirmed, with costs.
It is settled that the decision to relieve a party from its default rests in the sound discretion of the…
2Cases cited6 opinions
- In re Samaria Ann B.Appellate Division of the Supreme Court of the State of New York · 2002
- Loria v. PlesserAppellate Division of the Supreme Court of the State of New York · 1999
- Almonte v. LatortueAppellate Division of the Supreme Court of the State of New York · 2002
- Garrick-Aug Associates Store Leasing, Inc. v. Shefa Land Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Nacson v. SemmelAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by7 opinions
- Antoine v. BeeAppellate Division of the Supreme Court of the State of New York · 2006
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- Khanal v. SheldonAppellate Division of the Supreme Court of the State of New York · 2010
- Westchester Medical Center v. Clarendon InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
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