Giammatteo v. Ortgies

Appellate Division of the Supreme Court of New York

Giammatteo v. Ortgies

25 A.D.2d 702, 268 N.Y.S.2d 726, 1966 N.Y. App. Div. LEXIS 4706

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

DecidedMarch 28, 1966

StatusPublished

This text of 25 A.D.2d 702 (Giammatteo v. Ortgies) 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

Giammatteo v. Ortgies, 25 A.D.2d 702, 268 N.Y.S.2d 726, 1966 N.Y. App. Div. LEXIS 4706 (N.Y. Ct. App. 1966).

Pincite

Opinion

Memorandum by the Court. In an automobile negligence action to recover for personal injuries and property damage defendant appeals from that part of an order of the Supreme Court at Special Term whieh set aside its prior order entered upon plaintiff’s default in appearing.. Appellant’s contentions with respect to the insufficiency of plaintiff’s moving papers are correct and must be sustained. Order reversed, on the law and the facts, and in the exercise of discretion, without costs, and motion denied without prejudice, however, to an application by plaintiff to be relieved of his default pursuant to CPLR 5015 upon a proper showing of the circumstances relied upon to explain the default and the merit of his cause of action. Settle order on notice.

Gibson, P. J., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.

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Memorandum by the Court. In an automobile negligence action to recover for personal injuries and property damage defendant appeals from that part of an order of the Supreme Court at Special Term whieh set aside its prior order entered upon plaintiff’s default in appearing.. Appellant’s contentions with respect to the insufficiency of plaintiff’s moving papers are correct and must be sustained. Order reversed, on the law and the facts, and in the exercise of discretion, without costs, and motion denied without prejudice, however, to an application by plaintiff to be relieved of his default pursuant to CPLR 5015 upon a proper showing of the circumstances relied upon to explain the default and the merit of his cause of action. Settle order on notice.

Gibson, P. J., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.

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Bluebook (online)

25 A.D.2d 702, 268 N.Y.S.2d 726, 1966 N.Y. App. Div. LEXIS 4706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/giammatteo-v-ortgies-nyappdiv-1966.