Gawel v. DeLuca

Appellate Division of the Supreme Court of New York

Gawel v. DeLuca

263 A.D. 838, 31 N.Y.S.2d 567, 1941 N.Y. App. Div. LEXIS 5203

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

DecidedDecember 15, 1941

StatusPublished

Cited by1 cases

This text of 263 A.D. 838 (Gawel v. DeLuca) 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

Gawel v. DeLuca, 263 A.D. 838, 31 N.Y.S.2d 567, 1941 N.Y. App. Div. LEXIS 5203 (N.Y. Ct. App. 1941).

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Opinion

Order denying plaintiffs’ motion for an order vacating and setting aside the default judgment dismissing their complaint and restoring the case to the trial calendar reversed on the facts, without costs, and motion granted upon payment of ten dollars costs to defendant. In our opinion the default was not willful but due solely to the illness of plaintiffs’ trial counsel. Johnston, Adel, Taylor and Close, JJ., concur; Lazansky, P. J., dissents and votes to affirm.

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Order denying plaintiffs’ motion for an order vacating and setting aside the default judgment dismissing their complaint and restoring the case to the trial calendar reversed on the facts, without costs, and motion granted upon payment of ten dollars costs to defendant. In our opinion the default was not willful but due solely to the illness of plaintiffs’ trial counsel. Johnston, Adel, Taylor and Close, JJ., concur; Lazansky, P. J., dissents and votes to affirm.

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Bluebook (online)

263 A.D. 838, 31 N.Y.S.2d 567, 1941 N.Y. App. Div. LEXIS 5203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gawel-v-deluca-nyappdiv-1941.

Opinion

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