Legal Opinion
Fort Tryon Nursing Home v. Kavanagh
New York Supreme Court
Decided March 21, 1983PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Stephen G. Crane, J.
Defendants move to vacate their defaults in opposing plaintiff’s motion for summary judgment which resulted in entry of a default judgment against them for $19,418.60 plus interest.
Plaintiff had moved on August 27, 1982, by notice of motion returnable September 16, 1982, for summary judgment to dismiss the counterclaims and for the amount demanded in the complaint. The notice contained a demand pursuant to CPLR 2214 (subd [b]) that answering papers be served at least five days before the return date. On the call of the calendar on September 16,1982,…
2Cases cited7 opinions
- Barasch v. MicucciNew York Court of Appeals · 1980
- Eaton v. Equitable Life Assurance Society of United States, Inc.New York Court of Appeals · 1982
- Miskiewicz v. Hartley Restaurant Corp.New York Court of Appeals · 1983
- Wallin v. WallinAppellate Division of the Supreme Court of the State of New York · 1970
- Glens Falls Insurance v. RussoCity of New York Municipal Court · 1975
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hartwich v. YoungAppellate Division of the Supreme Court of the State of New York · 1989