Dielman v. Bull

Appellate Division of the Supreme Court of New York

Dielman v. Bull

89 A.D.2d 812, 453 N.Y.S.2d 387, 1982 N.Y. App. Div. LEXIS 17939

Appellate Division of the Supreme Court of the State of New York·Decided July 9, 1982·Published

Opinion

Order unanimously modified and, as modified, affirmed, with costs to plaintiffs, in accordance with the following memorandum: We cannot say that under all the circumstances Special Term abused its discretion in vacating the default judgment against defendant (see 5 Weinstein-Korn-Miller, NY Civ Prac, pars 5015.02, 5015.03). We modify the award in our discretion, however, by increasing the sum to be paid by defendant to plaintiff’s attorneys to $2,500 (see Cockfield v Apotheker, 81 AD2d 651). (Appeal from order of Supreme Court, Erie County, Mintz, J. — vacate default judgment.) Present — Dillon, P. J., Hancock, Jr., Denman, Boomer and Moule, JJ.

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Order unanimously modified and, as modified, affirmed, with costs to plaintiffs, in accordance with the following memorandum: We cannot say that under all the circumstances Special Term abused its discretion in vacating the default judgment against defendant (see 5 Weinstein-Korn-Miller, NY Civ Prac, pars 5015.02, 5015.03). We modify the award in our discretion, however, by increasing the sum to be paid by defendant to plaintiff’s attorneys to $2,500 (see Cockfield v Apotheker, 81 AD2d 651). (Appeal from order of Supreme Court, Erie County, Mintz, J. — vacate default judgment.) Present — Dillon, P. J., Hancock, Jr., Denman, Boomer and Moule, JJ.

Dielman v. Bull, 89 A.D.2d 812, 453 N.Y.S.2d 387, 1982 N.Y. App. Div. LEXIS 17939 (N.Y. Ct. App. 1982).

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Opinion

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