Handal v. Rushmore Products, Inc.

Appellate Division of the Supreme Court of New York

Handal v. Rushmore Products, Inc.

52 A.D.2d 839, 383 N.Y.S.2d 554, 1976 N.Y. App. Div. LEXIS 12662

Appellate Division of the Supreme Court of the State of New York·Decided May 3, 1976·Published

Opinion

In a negligence action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Kings County, dated November 3, 1975, which denied its motion to vacate a prior order of the same court, dated October 25, 1972, which dismissed its defense of the Statute of Limitations. Order affirmed, with $50 costs and disbursements. In our view, defendant failed to show a reasonable excuse for its default. Accordingly, it is not entitled to vacatur thereof (see CPLR 5015, subd [a]). Cohalan, Acting P. J., Damiani, Rabin, Titone and Hawkins, JJ., concur.

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In a negligence action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Kings County, dated November 3, 1975, which denied its motion to vacate a prior order of the same court, dated October 25, 1972, which dismissed its defense of the Statute of Limitations. Order affirmed, with $50 costs and disbursements. In our view, defendant failed to show a reasonable excuse for its default. Accordingly, it is not entitled to vacatur thereof (see CPLR 5015, subd [a]). Cohalan, Acting P. J., Damiani, Rabin, Titone and Hawkins, JJ., concur.

Handal v. Rushmore Products, Inc., 52 A.D.2d 839, 383 N.Y.S.2d 554, 1976 N.Y. App. Div. LEXIS 12662 (N.Y. Ct. App. 1976).

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52 A.D.2d 839 (Handal v. Rushmore Products, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.