Chrysler First Financial Services Corp. of America v. Burse

Appellate Division of the Supreme Court of New York

Chrysler First Financial Services Corp. of America v. Burse

210 A.D.2d 947, 621 N.Y.S.2d 977, 1994 N.Y. App. Div. LEXIS 13419

Appellate Division of the Supreme Court of the State of New York·Decided December 23, 1994·Published·Cited by 1 cases

Opinion

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly vacated the default judgment against defendant James D. Burse. That judgment was a nullity because it was not entered in compliance with CPLR 308 (4) (see, Marazita v Nelbach, 91 AD2d 604).

The court erred, however, in failing to vacate the default judgment against defendant Patricia Burse based on plaintiffs failure to comply with the five-day notice requirement of CPLR 3215 (g) (1) (cf., Q.P.I. Rests. v Slevin, 93 AD2d 767, appeal dismissed 60 NY2d 676). (Appeals from Order of Supreme Court, Steuben County, Scudder, J.—Vacate Default Judgment.) Present—Pine, J. P., Lawton, Fallon, Davis and Boehm, JJ.

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—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly vacated the default judgment against defendant James D. Burse. That judgment was a nullity because it was not entered in compliance with CPLR 308 (4) (see, Marazita v Nelbach, 91 AD2d 604).

The court erred, however, in failing to vacate the default judgment against defendant Patricia Burse based on plaintiffs failure to comply with the five-day notice requirement of CPLR 3215 (g) (1) (cf., Q.P.I. Rests. v Slevin, 93 AD2d 767, appeal dismissed 60 NY2d 676). (Appeals from Order of Supreme Court, Steuben County, Scudder, J.—Vacate Default Judgment.) Present—Pine, J. P., Lawton, Fallon, Davis and Boehm, JJ.

Chrysler First Financial Services Corp. of America v. Burse, 210 A.D.2d 947, 621 N.Y.S.2d 977, 1994 N.Y. App. Div. LEXIS 13419 (N.Y. Ct. App. 1994).

Pincite

210 A.D.2d 947 (Chrysler First Financial Services Corp. of America v. Burse) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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