222 First Avenue Realty, Inc. v. Vijax Fuel Oil Corp.

Appellate Division of the Supreme Court of New York

222 First Avenue Realty, Inc. v. Vijax Fuel Oil Corp.

213 A.D.2d 238, 623 N.Y.S.2d 250, 1995 N.Y. App. Div. LEXIS 2753

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 14, 1995

StatusPublished

Cited by1 cases

This text of 213 A.D.2d 238 (222 First Avenue Realty, Inc. v. Vijax Fuel Oil Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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222 First Avenue Realty, Inc. v. Vijax Fuel Oil Corp., 213 A.D.2d 238, 623 N.Y.S.2d 250, 1995 N.Y. App. Div. LEXIS 2753 (N.Y. Ct. App. 1995).

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Opinion

—Order, Supreme Court, New York County (Walter Schackman, J.), entered on or about December 28, 1993, which, inter alia, granted plaintiff-respondent’s motion for a default judgment as against defendant-appellant, unanimously affirmed, without costs.

The Special Referee’s finding that service was properly made on appellant turned largely on the credibility of witnesses and has support in the record. That the various parties were pursuing their interests in the Federal action involving the same issues was "sufficient cause” for plaintiff’s delay for more than a year in moving for a default judgment (CPLR 3215 [c]; cf., Ingenito v Grumman Corp., 192 AD2d 509, 510-511). Appellant’s contention that plaintiff waited too long to move for entry of a default judgment after learning that it would not be permitted to intervene in the Federal action is not adequately preserved for appellate review. Concur—Kupferman, J. P., Ross, Asch, Nardelli and Mazzarelli, JJ.

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—Order, Supreme Court, New York County (Walter Schackman, J.), entered on or about December 28, 1993, which, inter alia, granted plaintiff-respondent’s motion for a default judgment as against defendant-appellant, unanimously affirmed, without costs.

The Special Referee’s finding that service was properly made on appellant turned largely on the credibility of witnesses and has support in the record. That the various parties were pursuing their interests in the Federal action involving the same issues was "sufficient cause” for plaintiff’s delay for more than a year in moving for a default judgment (CPLR 3215 [c]; cf., Ingenito v Grumman Corp., 192 AD2d 509, 510-511). Appellant’s contention that plaintiff waited too long to move for entry of a default judgment after learning that it would not be permitted to intervene in the Federal action is not adequately preserved for appellate review. Concur—Kupferman, J. P., Ross, Asch, Nardelli and Mazzarelli, JJ.

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213 A.D.2d 238, 623 N.Y.S.2d 250, 1995 N.Y. App. Div. LEXIS 2753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/222-first-avenue-realty-inc-v-vijax-fuel-oil-corp-nyappdiv-1995.

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