Legal Opinion
Henry v. Gutenplan
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 1993PublishedCited by 5 opinions
1Opinion of the Court
—In an action to recover damages, inter alia, for defamation, the plaintiff appeals from an order of the Supreme Court, Nassau County (Brucia, J.), dated May 30, 1991, which granted the defendant’s motion to vacate a prior order entered upon her default and to dismiss the complaint.
Ordered that the order is affirmed, with costs.
We find that the plaintiff waived any objection to the alleged lack of proper notice of the defendant’s pro se application to vacate an order entered upon her default, by failing to raise the issue before the Supreme Court and by defending such application on the…
2Cases cited5 opinions
- Hallock v. StateNew York Court of Appeals · 1984
- Todd v. Gull Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1964
- Rivera v. Triple M. Roofing Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Miot v. JoCarl Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- Glanzman v. FischmanAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by5 opinions
- Morrison v. Budget Rent A Car Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Piquette v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Jones v. Le-France Leasing Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2011
- In re the Estate of VennerAppellate Division of the Supreme Court of the State of New York · 1997
- Ciafone v. Queens Center for Rehabilitation & Residential HealthcareAppellate Division of the Supreme Court of the State of New York · 2015