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Cockfield v. Apotheker

81 A.D.2d 651, 438 N.Y.S.2d 379, 1981 N.Y. App. Div. LEXIS 11175
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 27, 1981
StatusPublished
Cited by11 cases

This text of 81 A.D.2d 651 (Cockfield v. Apotheker) 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
Cockfield v. Apotheker, 81 A.D.2d 651, 438 N.Y.S.2d 379, 1981 N.Y. App. Div. LEXIS 11175 (N.Y. Ct. App. 1981).

Opinions

— In an action to recover damages for personal injuries, etc., the plaintiff appeals from so much of an order of the Supreme Court, Queens County, entered February 21, 1980, as (1) refused to deny outright the defendant’s motion to vacate her default in failing to timely serve a proper answer, (2) excused the default, (3) enjoined the plaintiff from enforcing the default judgment, and (4) awarded the plaintiff $1,500 costs and disbursements to be paid by the defendant’s attorney as a condition for denial of the motion. Order modified by increasing the sum directed to be paid by the defendant’s attorney to $2,500. As so modified, order affirmed insofar as appealed from, with $50 costs and disbursements to plaintiff. On this record, the amount awarded to the plaintiff as and for costs and disbursements is inadequate to the extent indicated. Damiani, J. P., O’Connor and Thompson, JJ., concur.

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Bluebook (online)
81 A.D.2d 651, 438 N.Y.S.2d 379, 1981 N.Y. App. Div. LEXIS 11175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cockfield-v-apotheker-nyappdiv-1981.