Legal Opinion
Albano v. Nus Holding Corp.
Appellate Division of the Supreme Court of the State of New York
Decided November 4, 1996PublishedCited by 12 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant Nus Holding Corp. appeals from an order of the Supreme Court, Westchester County (Rosato, J.), dated October 30, 1995, which granted *281the plaintiff’s motion for a judgment against it upon that defendant’s default in answering.
Ordered that the order is reversed, as an exercise of discretion, with costs, and the plaintiff’s motion for a default judgment is denied.
The appellant contends that the Supreme Court should have excused its failure to serve a timely answer because its submissions demonstrated the existence of a…
2Cases cited2 opinions
- Polizzotto v. Ultra Express Coach, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Santos v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by12 opinions
- Thompson v. Steuben Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Eastern Resource Service, Inc. v. Mountbatten Surety Co.Appellate Division of the Supreme Court of the State of New York · 2001
- Eckna v. KesselmanAppellate Division of the Supreme Court of the State of New York · 2004
- Morgese v. Laro Maintenance Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Nickell v. Pathmark Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
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