Gepp v. International Harvester Co.

Appellate Division of the Supreme Court of New York

Gepp v. International Harvester Co.

186 A.D.2d 418

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

DecidedOctober 13, 1992

StatusPublished

Cited by2 cases

This text of 186 A.D.2d 418 (Gepp v. International Harvester Co.) 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

Gepp v. International Harvester Co., 186 A.D.2d 418 (N.Y. Ct. App. 1992).

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Opinion

— Order, Supreme Court, Bronx County (Anita Florio, J.), entered April 22, 1992, which granted third-party defendant’s motion to vacate its default, unanimously affirmed, without costs.

[419]*419It was within the discretion of the court to vacate the default of the third-party defendant (CPLR 5015 [a] [1]). In the circumstances presented, the bankruptcy-dissolution of the defaulting party, the default was excusable. This is analogous to law office failure (Bayer v Domino Media, 147 AD2d 413). Further, the court properly found a meritorious defense in that there does not appear to be a basis for full indemnification as awarded by the default judgment, and a lack of prejudice to the third-party plaintiffs as the main action has not yet been tried. Concur — Ellerin, J. P., Wallach, Ross, Kassal and Rubin, JJ.

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— Order, Supreme Court, Bronx County (Anita Florio, J.), entered April 22, 1992, which granted third-party defendant’s motion to vacate its default, unanimously affirmed, without costs.

[419]*419It was within the discretion of the court to vacate the default of the third-party defendant (CPLR 5015 [a] [1]). In the circumstances presented, the bankruptcy-dissolution of the defaulting party, the default was excusable. This is analogous to law office failure (Bayer v Domino Media, 147 AD2d 413). Further, the court properly found a meritorious defense in that there does not appear to be a basis for full indemnification as awarded by the default judgment, and a lack of prejudice to the third-party plaintiffs as the main action has not yet been tried. Concur — Ellerin, J. P., Wallach, Ross, Kassal and Rubin, JJ.

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Bluebook (online)

186 A.D.2d 418, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gepp-v-international-harvester-co-nyappdiv-1992.

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