Legal Opinion

Ariowitsch v. Johnson

Appellate Division of the Supreme Court of the State of New York

Decided February 20, 1986PublishedCited by 13 opinions

1Opinion of the Court

OPINION OF THE COURT

Main, J. P.

Plaintiff commenced this action against defendant in early 1984 by serving a summons and complaint in accordance with CPLR 308 (4). In June 1984, as a result of defendant having failed to answer or otherwise appear in the action, plaintiff obtained a default judgment against defendant. In August 1984, defendant moved pursuant to CPLR 317 to have the default judgment vacated. Special Term, finding that defendant had received "notice of the summons in time to defend” (CPLR 317) as a result of his attorney having communicated information of the commencement of the…

2Cases cited4 opinions

  1. Shaw v. ShawAppellate Division of the Supreme Court of the State of New York · 1983
  2. Community State Bank v. HaakonsonAppellate Division of the Supreme Court of the State of New York · 1983
  3. McCormick v. AxelrodNew York Court of Appeals · 1983
  4. Cristo Bros. v. M. Cristo, Inc.Appellate Division of the Supreme Court of the State of New York · 1982

3Cited by13 opinions

  1. Smith v. WilsonAppellate Division of the Supreme Court of the State of New York · 1987
  2. Tetro v. TizovAppellate Division of the Supreme Court of the State of New York · 1992
  3. Greene Major Holdings, LLC v. Trailside at Hunter, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  4. Maines Paper & Food Service, Inc. v. Farmington Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  5. Lombay v. PadillaAppellate Division of the Supreme Court of the State of New York · 2010

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