Legal Opinion
Rubin v. Payne
Appellate Division of the Supreme Court of the State of New York
Decided July 19, 1984PublishedCited by 13 opinions
1Opinion of the Court
— Appeal from an order of the Supreme Court at Special Term (Williams, J.), entered November 14, 1983 in Sullivan County, which conditionally granted defendant’s motion to vacate a default judgment taken against him. H In this action for damages for an alleged assault and battery, defendant was given notice of a day certain trial date of June 6, 1983 by certified letter dated May 23, 1983 from the Supreme Court clerk. Although properly addressed, the letter was returned “unclaimed”. Plaintiff secured a default judgment in the sum of $7,500 plus costs. Defendant moved to vacate the default…
2Cases cited5 opinions
- Reporter Co. v. TomickiAppellate Division of the Supreme Court of the State of New York · 1978
- Capellino Abattoir, Inc. v. LiebermanAppellate Division of the Supreme Court of the State of New York · 1977
- Mark IV Homes, Inc. v. Evans Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Astrocom/Marlux, Inc. v. Lafayette Radio Electronics Corp.Appellate Division of the Supreme Court of the State of New York · 1978
- H.H. Mink Co. v. G & T Terminal Packaging Co.Appellate Division of the Supreme Court of the State of New York · 1982
3Cited by13 opinions
- Curry v. RomanAppellate Division of the Supreme Court of the State of New York · 1995
- Congress Talcott Corp. v. Pacemakers Trading Corp.Appellate Division of the Supreme Court of the State of New York · 1990
- Nahal v. C & S Building Materials, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
- Yuan Zhai v. Chemical BankCivil Court of the City of New York · 1999
- Cruz v. First Call Ambulette Service Corp.Appellate Division of the Supreme Court of the State of New York · 1997
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