Alba v. Singer

Appellate Division of the Supreme Court of New York

Alba v. Singer

303 A.D.2d 250, 755 N.Y.S.2d 837, 2003 N.Y. App. Div. LEXIS 2745

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

DecidedMarch 18, 2003

StatusPublished

Cited by1 cases

This text of 303 A.D.2d 250 (Alba v. Singer) 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

Alba v. Singer, 303 A.D.2d 250, 755 N.Y.S.2d 837, 2003 N.Y. App. Div. LEXIS 2745 (N.Y. Ct. App. 2003).

Pincite

Opinion

Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered January 8, 2002, which, to the extent appealed from, granted defendants’ motion to vacate their default in appearance and deemed their answer timely served, unanimously modified, on the facts and in the exercise of discretion, to condition the relief afforded defendants upon their stipulation, within 20 days of service of a copy of this order, with notice of entry, to the court’s jurisdiction over their persons, and withdrawal of their sixth affirmative defense with prejudice, and otherwise affirmed, without costs.

While we agree with the motion court that it is preferable that this matter be decided on its merits (see Cappel v RKO Stanley Warner Theaters, 61 AD2d 936, 937 [1978]; see also Matter of Murray v Matusiak, 247 AD2d 303, 304 [1998]), under the circumstances presented, we find it appropriate to condition the relief afforded (see CPLR 5015 [a]) upon defendants’ agreement to submit to the court’s jurisdiction. Concur— Mazzarelli, J.P., Andrias, Saxe, Ellerin and Williams, JJ.

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

Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered January 8, 2002, which, to the extent appealed from, granted defendants’ motion to vacate their default in appearance and deemed their answer timely served, unanimously modified, on the facts and in the exercise of discretion, to condition the relief afforded defendants upon their stipulation, within 20 days of service of a copy of this order, with notice of entry, to the court’s jurisdiction over their persons, and withdrawal of their sixth affirmative defense with prejudice, and otherwise affirmed, without costs.

While we agree with the motion court that it is preferable that this matter be decided on its merits (see Cappel v RKO Stanley Warner Theaters, 61 AD2d 936, 937 [1978]; see also Matter of Murray v Matusiak, 247 AD2d 303, 304 [1998]), under the circumstances presented, we find it appropriate to condition the relief afforded (see CPLR 5015 [a]) upon defendants’ agreement to submit to the court’s jurisdiction. Concur— Mazzarelli, J.P., Andrias, Saxe, Ellerin and Williams, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

303 A.D.2d 250, 755 N.Y.S.2d 837, 2003 N.Y. App. Div. LEXIS 2745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alba-v-singer-nyappdiv-2003.

Opinion

Related

Cite This Page — Counsel Stack