Home/Appellate Division of the Supreme Court of New York/Agway, Inc.—Dansville Store v. Curtis

Agway, Inc.—Dansville Store v. Curtis

195 A.D.2d 1077, 601 N.Y.S.2d 735, 1993 N.Y. App. Div. LEXIS 7917
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJuly 16, 1993
StatusPublished
Cited by4 cases

This text of 195 A.D.2d 1077 (Agway, Inc.—Dansville Store v. Curtis) 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.

Bluebook
Agway, Inc.—Dansville Store v. Curtis, 195 A.D.2d 1077, 601 N.Y.S.2d 735, 1993 N.Y. App. Div. LEXIS 7917 (N.Y. Ct. App. 1993).

Opinion

Order unanimously affirmed without costs. Memorandum: Supreme Court did not err in denying defendant’s motion to vacate a default judgment. It is undisputed that defendant did not appear in the action in the manner authorized by CPLR 320 (a). Even if, after he was served with a summons with notice, defendant sent two letters to plaintiffs attorney requesting an itemized statement of his account, we conclude that such letters were insufficient to constitute an informal appearance (cf., Meyer v A & B Am., 160 AD2d 688; Taylor v Taylor, 64 AD2d 592; Siegel, NY Prac § 112 [2d ed]). (Appeal from Order of Supreme Court, Livingston County, Cicoria, J.—Vacate Default Judgment.) Present—Callahan, J. P., Pine, Lawton, Doerr and Davis, JJ.

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Bath Agway Co-Op, Inc. v. Curtis
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Cite This Page — Counsel Stack

Bluebook (online)
195 A.D.2d 1077, 601 N.Y.S.2d 735, 1993 N.Y. App. Div. LEXIS 7917, Counsel Stack Legal Research, https://law.counselstack.com/opinion/agway-incdansville-store-v-curtis-nyappdiv-1993.