Legal Opinion
C G Ltd. Partnership v. Kingsbridge Heights Care Center, Inc.
Appellate Terms of the Supreme Court of New York
Decided September 16, 2014PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order, entered June 19, 2013, insofar as appealed from, modified by directing that the default judgment stand as security pending a final disposition of the action; as modified, order affirmed, without costs.
We find no cause to disturb the motion court’s discretionary determination to open the default money judgment entered against defendant tenant (see Evolution Impressions, Inc. v Lewandowski, 59 AD3d 1039 [2009]). The default does not appear to have been willful, apparently resulting from or contributed to by the incarceration and ultimately fatal illness of the…
3Cases cited9 opinions
- Stephan B. Gleich & Associates v. GritsipisAppellate Division of the Supreme Court of the State of New York · 2011
- Johnson v. Sam Minskoff & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Evolution Impressions, Inc. v. LewandowskiAppellate Division of the Supreme Court of the State of New York · 2009
- Rooney Pace, Inc. v. BravermanAppellate Division of the Supreme Court of the State of New York · 1980
- Dankovich v. WeisingerAppellate Division of the Supreme Court of the State of New York · 2003
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4Cited by1 opinion
- 2001 Story LLC v. SaulAppellate Terms of the Supreme Court of New York · 2020