Deepdale Gardens Third Corp. v. Bechky

Appellate Division of the Supreme Court of New York

Deepdale Gardens Third Corp. v. Bechky

104 A.D.2d 846, 480 N.Y.S.2d 243, 1984 N.Y. App. Div. LEXIS 20323

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

DecidedOctober 9, 1984

StatusPublished

Cited by1 cases

This text of 104 A.D.2d 846 (Deepdale Gardens Third Corp. v. Bechky) 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

Deepdale Gardens Third Corp. v. Bechky, 104 A.D.2d 846, 480 N.Y.S.2d 243, 1984 N.Y. App. Div. LEXIS 20323 (N.Y. Ct. App. 1984).

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Opinion

— In an action, inter alia, for a judgment declaring that defendant’s proprietary leasehold in plaintiff’s cooperative apartment complex was validly terminated by resolution of the plaintiff’s board of directors, plaintiff appeals from an order of the Supreme Court, Queens County (Kassoff, J.), dated February 2, 1984, which granted defendant’s motion to vacate a prior judgment of the same court (Linakis, J.), dated November 1, 1983, in plaintiff’s favor, which was entered upon an inquest held on her default in answering.

Order reversed, on the law, with costs, motion denied, and judgment dated November 1, 1983 reinstated.

In the order appealed from, Special Term erred in deeming defendant’s unverified answer sufficient to answer plaintiff’s complaint. We take cognizance of the court’s discretionary authority to excuse lack of verification where a substantial right of a party is not prejudiced (CPLR 2001, 3026). Its exercise, however, is not appropriate in the instant case since service of a verified answer was a condition of a prior order of Special Term vacating defendant’s default in appearing and answering (cf. Greff v Havens, 75 NYS2d 387; General Exch. Ins. Corp. v Stern, 25 NYS2d 266). Titone, J. P., Bracken, Niehoff and Rubin, JJ., concur.

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— In an action, inter alia, for a judgment declaring that defendant’s proprietary leasehold in plaintiff’s cooperative apartment complex was validly terminated by resolution of the plaintiff’s board of directors, plaintiff appeals from an order of the Supreme Court, Queens County (Kassoff, J.), dated February 2, 1984, which granted defendant’s motion to vacate a prior judgment of the same court (Linakis, J.), dated November 1, 1983, in plaintiff’s favor, which was entered upon an inquest held on her default in answering.

Order reversed, on the law, with costs, motion denied, and judgment dated November 1, 1983 reinstated.

In the order appealed from, Special Term erred in deeming defendant’s unverified answer sufficient to answer plaintiff’s complaint. We take cognizance of the court’s discretionary authority to excuse lack of verification where a substantial right of a party is not prejudiced (CPLR 2001, 3026). Its exercise, however, is not appropriate in the instant case since service of a verified answer was a condition of a prior order of Special Term vacating defendant’s default in appearing and answering (cf. Greff v Havens, 75 NYS2d 387; General Exch. Ins. Corp. v Stern, 25 NYS2d 266). Titone, J. P., Bracken, Niehoff and Rubin, JJ., concur.

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Bluebook (online)

104 A.D.2d 846, 480 N.Y.S.2d 243, 1984 N.Y. App. Div. LEXIS 20323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deepdale-gardens-third-corp-v-bechky-nyappdiv-1984.

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