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

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

DecidedNovember 26, 1984

StatusPublished

This text of 105 A.D.2d 823 (Bank of New York v. Gray) 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

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).

Pincite

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.

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Bluebook (online)

105 A.D.2d 823, 481 N.Y.S.2d 1014, 1984 N.Y. App. Div. LEXIS 20946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-new-york-v-gray-nyappdiv-1984.