Legal Opinion
Brickhouse Masonry, LLC v. Windward Builders, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 19, 2012Published
1Opinion of the Court
*920Although that branch of the appellant’s motion which was to vacate the default judgment was made pursuant to CPLR 5015 (a) (1), under the circumstances of this case, it may also be treated as a motion made pursuant to CPLR 317 (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 142 [1986]; Fleisher v Kaba, 78 AD3d 1118, 1119 [2010]; Gonzalez v City of New York, 65 AD3d 569, 570 [2009]; Hospital for Joint Diseases v Lincoln Gen. Ins. Co., 55 AD3d 543, 544 [2008]). The appellant, which was served by delivery of process to the Secretary of State, demonstrated that it did not…
2Cases cited14 opinions
- Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
- Georgia Malone & Co. v. RiederNew York Court of Appeals · 2012
- Port Chester Electrical Construction Corp. v. AtlasNew York Court of Appeals · 1976
- Sperry v. Crompton Corp.New York Court of Appeals · 2007
- Brockington v. Brookfield Development Corp.Appellate Division of the Supreme Court of the State of New York · 2003
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