Allen v. Westchester Acquisition Corp.

Appellate Division of the Supreme Court of New York

Allen v. Westchester Acquisition Corp.

10 A.D.3d 439, 780 N.Y.S.2d 906, 2004 N.Y. App. Div. LEXIS 10361

Appellate Division of the Supreme Court of the State of New York·Decided August 23, 2004·Published

Opinion

In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Douglass, J.), dated December 17, 2003, as denied his cross motion for leave to enter judgment against the defendants Westchester Acquisition Corp. and Efraen R. Llovet upon their failure to timely appear or answer.

Ordered that the order is affirmed insofar as appealed from, with costs.

The denial of the plaintiffs cross motion for leave to enter judgment against the defendants Westchester Acquisition Corp. and Efraen R. Llovet upon their failure to timely appear or answer was a provident exercise of discretion (see Rooney v Webb Ave. Assoc., 1 AD3d 246 [2003]; Gagen v Kipany Prods., 289 AD2d 844 [2001]; Kaiser v Delaney, 255 AD2d 362 [1998]). Altman, J.P., Goldstein, Schmidt, Cozier and Skelos, JJ., concur.

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In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Douglass, J.), dated December 17, 2003, as denied his cross motion for leave to enter judgment against the defendants Westchester Acquisition Corp. and Efraen R. Llovet upon their failure to timely appear or answer.

Ordered that the order is affirmed insofar as appealed from, with costs.

The denial of the plaintiffs cross motion for leave to enter judgment against the defendants Westchester Acquisition Corp. and Efraen R. Llovet upon their failure to timely appear or answer was a provident exercise of discretion (see Rooney v Webb Ave. Assoc., 1 AD3d 246 [2003]; Gagen v Kipany Prods., 289 AD2d 844 [2001]; Kaiser v Delaney, 255 AD2d 362 [1998]). Altman, J.P., Goldstein, Schmidt, Cozier and Skelos, JJ., concur.

Allen v. Westchester Acquisition Corp., 10 A.D.3d 439, 780 N.Y.S.2d 906, 2004 N.Y. App. Div. LEXIS 10361 (N.Y. Ct. App. 2004).

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Opinion

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