Agyemang v. Avis Rent-A-Car System, Inc.

Appellate Division of the Supreme Court of New York

Agyemang v. Avis Rent-A-Car System, Inc.

209 A.D.2d 224, 618 N.Y.S.2d 305, 1994 N.Y. App. Div. LEXIS 11091

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

DecidedNovember 10, 1994

StatusPublished

Cited by1 cases

This text of 209 A.D.2d 224 (Agyemang v. Avis Rent-A-Car System, Inc.) 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

Agyemang v. Avis Rent-A-Car System, Inc., 209 A.D.2d 224, 618 N.Y.S.2d 305, 1994 N.Y. App. Div. LEXIS 11091 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about June 28, 1993, which denied plaintiff’s motion for a default judgment against defendant Clarke, and granted defendant Clarke’s cross motion to compel plaintiff to accept his answer, unanimously affirmed, without costs.

The IAS Court did not abuse its discretion in excusing defendant Clarke’s default in answering, based on his attorney’s representation that he may have been incarcerated for much of the period of his default and the police report indicating that he was trying to avoid a double-parked car at the time of the accident. Concur—Rosenberger, J. P., Kupferman, Asch and Tom, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about June 28, 1993, which denied plaintiff’s motion for a default judgment against defendant Clarke, and granted defendant Clarke’s cross motion to compel plaintiff to accept his answer, unanimously affirmed, without costs.

The IAS Court did not abuse its discretion in excusing defendant Clarke’s default in answering, based on his attorney’s representation that he may have been incarcerated for much of the period of his default and the police report indicating that he was trying to avoid a double-parked car at the time of the accident. Concur—Rosenberger, J. P., Kupferman, Asch and Tom, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

209 A.D.2d 224, 618 N.Y.S.2d 305, 1994 N.Y. App. Div. LEXIS 11091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/agyemang-v-avis-rent-a-car-system-inc-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack