Gwertzman v. Cobb

Appellate Division of the Supreme Court of New York

Gwertzman v. Cobb

60 A.D.2d 644, 401 N.Y.S.2d 744, 1977 N.Y. App. Div. LEXIS 14638

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

DecidedDecember 27, 1977

StatusPublished

Cited by1 cases

This text of 60 A.D.2d 644 (Gwertzman v. Cobb) 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

Gwertzman v. Cobb, 60 A.D.2d 644, 401 N.Y.S.2d 744, 1977 N.Y. App. Div. LEXIS 14638 (N.Y. Ct. App. 1977).

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Opinion

In a defamation action, plaintiff appeals from an order of the Supreme Court, Westchester County, entered November 18, 1976, which granted defendant’s motion to dismiss the action and denied his cross motion to vacate the default and restore the case to the Trial Calendar. Order affirmed, with $50 costs and disbursements. It makes no practical difference whether the defendant’s motion was granted under CPLR 3216 or CPLR 3404, as the criteria used to vacate dismissals under either section are the same (see Ruggiero v Elbin Realty, 51 AD2d 1011). Hopkins, J. P., Latham, Titone and O’Connor, JJ., concur.

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In a defamation action, plaintiff appeals from an order of the Supreme Court, Westchester County, entered November 18, 1976, which granted defendant’s motion to dismiss the action and denied his cross motion to vacate the default and restore the case to the Trial Calendar. Order affirmed, with $50 costs and disbursements. It makes no practical difference whether the defendant’s motion was granted under CPLR 3216 or CPLR 3404, as the criteria used to vacate dismissals under either section are the same (see Ruggiero v Elbin Realty, 51 AD2d 1011). Hopkins, J. P., Latham, Titone and O’Connor, JJ., concur.

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Bluebook (online)

60 A.D.2d 644, 401 N.Y.S.2d 744, 1977 N.Y. App. Div. LEXIS 14638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gwertzman-v-cobb-nyappdiv-1977.

Opinion

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