Legal Opinion

Anderson v. GHI Auto Service, Inc.

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

Decided November 7, 2007PublishedCited by 7 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the defendant Maurice Mitchell appeals from an order of the Supreme Court, Queens County (Kelly, J.), dated November 22, 2006, which, after a hearing, denied that branch of his motion which was pursuant to CPLR 5015 (a) (1) and 317 to vacate a judgment of the same court (Lonschein, J.) dated June 13, 1997, entered upon his default in appearing or answering the complaint.

Ordered that the order is affirmed, with costs.

To vacate a judgment on the ground of excusable default pursuant to CPLR 5015 (a) (1), the defendant Maurice Mitchell…

2Cases cited4 opinions

  1. Bankers Trust Co. of California, N.A. v. TsoukasAppellate Division of the Supreme Court of the State of New York · 2003
  2. General Motors Acceptance Corp. v. Grade A Auto Body, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Taylor v. SaalAppellate Division of the Supreme Court of the State of New York · 2004
  4. State of New York Higher Education Services Corp. v. UpshurAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by7 opinions

  1. Goralski v. NadzanAppellate Division of the Supreme Court of the State of New York · 2011
  2. Pearson v. 1296 Pacific Street Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Gonzalez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
  4. Wells Fargo Bank, N.A. v. ChaplinAppellate Division of the Supreme Court of the State of New York · 2012
  5. 115 Essex St., LLC v. Tenth Ward, LLCAppellate Division of the Supreme Court of the State of New York · 2024

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