Garifo-Morelli v. Rothstein

Appellate Division of the Supreme Court of New York

Garifo-Morelli v. Rothstein

108 A.D.2d 897, 485 N.Y.S.2d 780, 1985 N.Y. App. Div. LEXIS 43229

Appellate Division of the Supreme Court of the State of New York·Decided February 25, 1985·Published

Opinion

In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated July 19, 1983, which granted defendant Smithtown Toyota Corp.’s motion to vacate its default in timely answering the complaint.

Order affirmed, with costs.

Under the circumstances, there was no abuse of discretion in Special Term’s vacating of defendant Smithtown Toyota Corp.’s default based on its service of the answer eight days beyond the date stated in the single stipulation extending the time to answer. We particularly note that the default occurred less than two months after the accident (see, CPLR 2004). Titone, J. P., O’Connor, Lawrence and Eiber, JJ., concur.

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In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), dated July 19, 1983, which granted defendant Smithtown Toyota Corp.’s motion to vacate its default in timely answering the complaint.

Order affirmed, with costs.

Under the circumstances, there was no abuse of discretion in Special Term’s vacating of defendant Smithtown Toyota Corp.’s default based on its service of the answer eight days beyond the date stated in the single stipulation extending the time to answer. We particularly note that the default occurred less than two months after the accident (see, CPLR 2004). Titone, J. P., O’Connor, Lawrence and Eiber, JJ., concur.

Garifo-Morelli v. Rothstein, 108 A.D.2d 897, 485 N.Y.S.2d 780, 1985 N.Y. App. Div. LEXIS 43229 (N.Y. Ct. App. 1985).

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108 A.D.2d 897 (Garifo-Morelli v. Rothstein) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.