Brent, Phillips, Dranoff & Davis, P. C. v. Power-Dyne Vehicles, Inc.

Appellate Division of the Supreme Court of New York

Brent, Phillips, Dranoff & Davis, P. C. v. Power-Dyne Vehicles, Inc.

51 A.D.2d 989, 381 N.Y.S.2d 98

Appellate Division of the Supreme Court of the State of New York·Decided March 8, 1976·Published

Opinion

In an action to recover for legal services rendered, in which a judgment in favor of plaintiff was entered on default, defendant appeals from an order of the Supreme Court, Rockland County, entered June 2, 1975, which denied its motion to vacate the judgment. Order reversed, without costs or disbursements, and motion granted, on condition that defendant, within 10 days after entry of the order to be made hereon, post a bond, with corporate surety, in the penal sum of $5,000, which bond shall guarantee payment to plaintiff of any subsequent judgment which may be entered in its favor in this action; otherwise, order affirmed, with $50 costs and disbursements. Appellant presented facts which constitute both a justifiable excuse for the default and a meritorious defense on the issue of the value of the professional services rendered by respondent. The circumstances, however, require the posting of a bond. Gulotta, P. J., Martuscello, Latham, Margett and Shapiro, JJ., concur.

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

In an action to recover for legal services rendered, in which a judgment in favor of plaintiff was entered on default, defendant appeals from an order of the Supreme Court, Rockland County, entered June 2, 1975, which denied its motion to vacate the judgment. Order reversed, without costs or disbursements, and motion granted, on condition that defendant, within 10 days after entry of the order to be made hereon, post a bond, with corporate surety, in the penal sum of $5,000, which bond shall guarantee payment to plaintiff of any subsequent judgment which may be entered in its favor in this action; otherwise, order affirmed, with $50 costs and disbursements. Appellant presented facts which constitute both a justifiable excuse for the default and a meritorious defense on the issue of the value of the professional services rendered by respondent. The circumstances, however, require the posting of a bond. Gulotta, P. J., Martuscello, Latham, Margett and Shapiro, JJ., concur.

Brent, Phillips, Dranoff & Davis, P. C. v. Power-Dyne Vehicles, Inc., 51 A.D.2d 989, 381 N.Y.S.2d 98 (N.Y. Ct. App. 1976).

Pincite

51 A.D.2d 989 (Brent, Phillips, Dranoff & Davis, P. C. v. Power-Dyne Vehicles, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.