Clark v. Bellovin

Appellate Division of the Supreme Court of New York

Clark v. Bellovin

18 A.D.3d 246, 793 N.Y.S.2d 914, 2005 N.Y. App. Div. LEXIS 5019

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

DecidedMay 10, 2005

StatusPublished

This text of 18 A.D.3d 246 (Clark v. Bellovin) 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

Clark v. Bellovin, 18 A.D.3d 246, 793 N.Y.S.2d 914, 2005 N.Y. App. Div. LEXIS 5019 (N.Y. Ct. App. 2005).

Pincite

Opinion

— Order, Supreme Court, New York County (Rosalyn Richter, J.), entered February 18, 2004, which denied plaintiffs motion for a default judgment, unanimously affirmed, without costs.

Defendant’s timely appearance in this legal malpractice action precluded a default judgment (CPLR 3215 [a]). The action was properly dismissed for plaintiffs failure to serve a complaint after a timely demand (CPLR 3012 [b]), and because she has commenced a similar second malpractice action, in the same court, against this defendant and his firm (CPLR 3211 [a] [4]). Concur — Buckley, PJ., Tom, Saxe, Friedman and Marlow, JJ.

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— Order, Supreme Court, New York County (Rosalyn Richter, J.), entered February 18, 2004, which denied plaintiffs motion for a default judgment, unanimously affirmed, without costs.

Defendant’s timely appearance in this legal malpractice action precluded a default judgment (CPLR 3215 [a]). The action was properly dismissed for plaintiffs failure to serve a complaint after a timely demand (CPLR 3012 [b]), and because she has commenced a similar second malpractice action, in the same court, against this defendant and his firm (CPLR 3211 [a] [4]). Concur — Buckley, PJ., Tom, Saxe, Friedman and Marlow, JJ.

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Bluebook (online)

18 A.D.3d 246, 793 N.Y.S.2d 914, 2005 N.Y. App. Div. LEXIS 5019, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-bellovin-nyappdiv-2005.