Legal Opinion

Chan v. Onyx Capital, LLC

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

Decided December 22, 2017No. 1240 CA 17-00828PublishedCited by 1 opinion

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (Henry J. Nowak, Jr., J.), entered November 1, 2016. The order, insofar as appealed from, denied the motion of SRP 2012-4, LLC, as successor in interest to defendant Onyx Capital, LLC, to, inter alia, vacate the default judgment and to dismiss the complaint.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is granted, the order dated September 23, 2013 is vacated, and the complaint is dismissed in accordance with the following memorandum: Plaintiff commenced this…

2Cases cited6 opinions

  1. Flick v. Stewart-Warner Corp.New York Court of Appeals · 1990
  2. Flannery v. General Motors Corp.New York Court of Appeals · 1995
  3. Alostar Bank of Commerce v. SanoianAppellate Division of the Supreme Court of the State of New York · 2017
  4. Global Liberty Insurance Co. v. Surgery Center of Oradell, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  5. Lansdowne Financial Services Ltd. v. Binladen Telecommunications Co.Appellate Division of the Supreme Court of the State of New York · 1983

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3Cited by1 opinion

  1. Srp 2012-4, LLC v. ChanAppellate Division of the Supreme Court of the State of New York · 2019

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