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

Appellate Division of the Supreme Court of the State of New York·Decided December 27, 1977·Published·Cited by 1 cases

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.

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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