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

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

DecidedJuly 9, 1982

StatusPublished

This text of 89 A.D.2d 812 (Dielman v. Bull) 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

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

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.

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Bluebook (online)

89 A.D.2d 812, 453 N.Y.S.2d 387, 1982 N.Y. App. Div. LEXIS 17939, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dielman-v-bull-nyappdiv-1982.

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