Aiello v. All Metal Partition Co.

Appellate Division of the Supreme Court of New York

Aiello v. All Metal Partition Co.

56 A.D.2d 859, 392 N.Y.S.2d 476, 1977 N.Y. App. Div. LEXIS 11208

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

DecidedMarch 14, 1977

StatusPublished

This text of 56 A.D.2d 859 (Aiello v. All Metal Partition Co.) 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

Aiello v. All Metal Partition Co., 56 A.D.2d 859, 392 N.Y.S.2d 476, 1977 N.Y. App. Div. LEXIS 11208 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a negligence action to recover damages for personal injuries, in which a judgment was entered in favor of plaintiff on default, defendant appeals from an order of the Supreme Court, Richmond County, dated July 1, 1975, which denied its motion to vacate the judgment. Order reversed, without costs or disbursements, and motion granted upon condition that defendant’s attorneys pay plaintiff the sum of $250 within 20 days after service upon defendant of a copy of the order to be made hereon, together with notice of entry thereof; in the event such condition is not complied with, order affirmed, without costs or disbursements. The affidavit of merits displays a meritorious defense. Further, the request by the defendant for a one-day adjournment would not have caused such prejudice to the plaintiff as to require the entry of a default judgment. However, defendant’s attorneys should be required to pay plaintiff the sum of $250 for the inconvenience which they have caused (see Moran v Rynar, 39 AD2d 718). Martuscello, Acting P. J., Cohalan, Rabin and Mollen, JJ., concur.

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In a negligence action to recover damages for personal injuries, in which a judgment was entered in favor of plaintiff on default, defendant appeals from an order of the Supreme Court, Richmond County, dated July 1, 1975, which denied its motion to vacate the judgment. Order reversed, without costs or disbursements, and motion granted upon condition that defendant’s attorneys pay plaintiff the sum of $250 within 20 days after service upon defendant of a copy of the order to be made hereon, together with notice of entry thereof; in the event such condition is not complied with, order affirmed, without costs or disbursements. The affidavit of merits displays a meritorious defense. Further, the request by the defendant for a one-day adjournment would not have caused such prejudice to the plaintiff as to require the entry of a default judgment. However, defendant’s attorneys should be required to pay plaintiff the sum of $250 for the inconvenience which they have caused (see Moran v Rynar, 39 AD2d 718). Martuscello, Acting P. J., Cohalan, Rabin and Mollen, JJ., concur.

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Bluebook (online)

56 A.D.2d 859, 392 N.Y.S.2d 476, 1977 N.Y. App. Div. LEXIS 11208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aiello-v-all-metal-partition-co-nyappdiv-1977.

Opinion

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