Legal Opinion
Q.P.I. Restaurants Ltd. v. Slevin
New York Court of Appeals
Decided December 15, 1982PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, motion to vacate the default judgment denied and matter remitted to the Appellate Division, First Department, for consideration of the issues not already passed upon by that court. Question certified answered in the affirmative. The Appellate Division abused its discretion as a matter of law in conditionally vacating the default judgment taken against defendants as a consequence of their failure to answer, for which the only excuse…
2Cases cited1 opinion
- Eaton v. Equitable Life Assurance Society of United States, Inc.New York Court of Appeals · 1982
3Cited by8 opinions
- Klein v. Actors & Directors LabAppellate Division of the Supreme Court of the State of New York · 1983
- Q.P.I. Restaurants v. SlevinAppellate Division of the Supreme Court of the State of New York · 1983
- Berlin v. New Hope Holiness Church of God, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Wrye v. Ciba-Geigy Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- Justus v. JustusAppellate Division of the Supreme Court of the State of New York · 1983
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