Legal Opinion
Eaves v. Ocana
Appellate Division of the Supreme Court of the State of New York
Decided July 7, 1986PublishedCited by 8 opinions
1Opinion of the Court
— In a negligence action to recover damages for personal injuries, the defendant Miguel Ocana appeals from an order of the Supreme Court, Kings County (Golden, J.), dated September 11, 1985, which denied his motion, pursuant to CPLR 3215 (c), for an order dismissing the complaint as against him.
Order reversed, on the law, without costs or disbursements, motion granted and complaint dismissed as against the defendant Miguel Ocana.
In order to defeat a motion pursuant to CPLR 3215 (c), an opposing plaintiff is required to show both a reasonable and acceptable excuse for the delay and that his…
2Cases cited2 opinions
- Woodward v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1986
- Finan v. Queens Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1984
3Cited by8 opinions
- Ingenito v. Grumman Corp.Appellate Division of the Supreme Court of the State of New York · 1993
- Manago v. GiorlandoAppellate Division of the Supreme Court of the State of New York · 1988
- Richards v. LewisAppellate Division of the Supreme Court of the State of New York · 1997
- Memorial Hospital v. WilkinsAppellate Division of the Supreme Court of the State of New York · 1988
- Walis v. WalisAppellate Division of the Supreme Court of the State of New York · 1993
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