City of New York v. Simmonds
This text of 172 A.D.2d 1081 (City of New York v. Simmonds) 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.
Opinion
Order unanimously affirmed with costs. Memorandum: Supreme Court did not abuse its discretion in denying defendants’ motion to vacate the default judgment entered against them. The default cannot be considered "excusable” as required by CPLR 5015 (a) (1). Defendants were given a trial date and a five-month adjournment to obtain counsel. They were fully aware that they had to return to court on that date for trial, whether or not they had an attorney to represent them. The court’s directives were neither ambiguous nor confusing, as argued by defendants. (Appeal from Order of Supreme Court, Kings County, Spodek, J.—Vacate Judgment.) Present—Doerr, J. P., Boomer, Pine, Lawton and Lowery, JJ.
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Cite This Page — Counsel Stack
172 A.D.2d 1081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-new-york-v-simmonds-nyappdiv-1991.