Bank of New York v. Gray

Appellate Division of the Supreme Court of New York

Bank of New York v. Gray

105 A.D.2d 823, 481 N.Y.S.2d 1014, 1984 N.Y. App. Div. LEXIS 20946

Appellate Division of the Supreme Court of the State of New York·Decided November 26, 1984·Published

Opinion

In an action to recover on a promissory note, defendant appeals from an order of the Supreme Court, Rockland County (Slifkin, J.), dated October 13,1983, which denied his motion to vacate a default judgment against him.

[824]*824Order reversed, as a matter of discretion, without costs or disbursements, motion granted, and default judgment vacated, on condition that an answer be served within 10 days after service on defendant of a copy of the order to be made hereon, with notice of entry. In the event that condition is not complied with, order affirmed, with costs.

Under all the circumstances of this case, the default judgment should be vacated on condition that an answer be served within 10 days after service on defendant of a copy of the order to be made hereon, with notice of entry. Titone, J. P., Lazer, Bracken and Boyers, JJ., concur.

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In an action to recover on a promissory note, defendant appeals from an order of the Supreme Court, Rockland County (Slifkin, J.), dated October 13,1983, which denied his motion to vacate a default judgment against him.

[824]*824Order reversed, as a matter of discretion, without costs or disbursements, motion granted, and default judgment vacated, on condition that an answer be served within 10 days after service on defendant of a copy of the order to be made hereon, with notice of entry. In the event that condition is not complied with, order affirmed, with costs.

Under all the circumstances of this case, the default judgment should be vacated on condition that an answer be served within 10 days after service on defendant of a copy of the order to be made hereon, with notice of entry. Titone, J. P., Lazer, Bracken and Boyers, JJ., concur.

Bank of New York v. Gray, 105 A.D.2d 823, 481 N.Y.S.2d 1014, 1984 N.Y. App. Div. LEXIS 20946 (N.Y. Ct. App. 1984).

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105 A.D.2d 823 (Bank of New York v. Gray) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.