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American Security Insurance v. Austin

110 A.D.2d 697, 488 N.Y.S.2d 16, 1985 N.Y. App. Div. LEXIS 48591
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 8, 1985
StatusPublished
Cited by5 cases

This text of 110 A.D.2d 697 (American Security Insurance v. Austin) 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
American Security Insurance v. Austin, 110 A.D.2d 697, 488 N.Y.S.2d 16, 1985 N.Y. App. Div. LEXIS 48591 (N.Y. Ct. App. 1985).

Opinion

Appellant failed to offer a valid excuse for his default, as required by CPLR 5015 (a) (1). Specifically, the “affirmation” of the attorney assigned to the case was not signed, and was therefore of no force or effect (CPLR 2106). Consequently, the trial court did not abuse its discretion in refusing to set aside the default judgment. Mollen, P. J., Mangano, Thompson and O’Connor, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
110 A.D.2d 697, 488 N.Y.S.2d 16, 1985 N.Y. App. Div. LEXIS 48591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-security-insurance-v-austin-nyappdiv-1985.