Himelein v. Frank

Appellate Division of the Supreme Court of New York

Himelein v. Frank

155 A.D.2d 964, 547 N.Y.S.2d 775, 1989 N.Y. App. Div. LEXIS 14836

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

DecidedNovember 15, 1989

StatusPublished

Cited by3 cases

This text of 155 A.D.2d 964 (Himelein v. Frank) 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

Himelein v. Frank, 155 A.D.2d 964, 547 N.Y.S.2d 775, 1989 N.Y. App. Div. LEXIS 14836 (N.Y. Ct. App. 1989).

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Opinion

— Order unanimously reversed on the law without costs, motion to dismiss denied, motion for default judgment granted and Clerk of Supreme Court directed to enter judgment accordingly. Memorandum: Defendant never appeared in this action brought under CPLR article 13A. Plaintiffs claim was for a sum certain and application for a default judgment could have [965]*965been made to the Clerk (see, CPLR 3215 [a]). In the circumstances presented, the court had no authority to appoint counsel sua sponte or to entertain a motion to dismiss the complaint. Upon plaintiffs compliance with CPLR 3215 (e) the Clerk shall enter judgment. (Appeal from order of Supreme Court, Cattaraugus County, Horey, J. — forfeiture.) Present— Dillon, P. J., Green, Pine, Balio and Davis, JJ. [See, 141 Misc 2d 416.]

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— Order unanimously reversed on the law without costs, motion to dismiss denied, motion for default judgment granted and Clerk of Supreme Court directed to enter judgment accordingly. Memorandum: Defendant never appeared in this action brought under CPLR article 13A. Plaintiffs claim was for a sum certain and application for a default judgment could have [965]*965been made to the Clerk (see, CPLR 3215 [a]). In the circumstances presented, the court had no authority to appoint counsel sua sponte or to entertain a motion to dismiss the complaint. Upon plaintiffs compliance with CPLR 3215 (e) the Clerk shall enter judgment. (Appeal from order of Supreme Court, Cattaraugus County, Horey, J. — forfeiture.) Present— Dillon, P. J., Green, Pine, Balio and Davis, JJ. [See, 141 Misc 2d 416.]

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Bluebook (online)

155 A.D.2d 964, 547 N.Y.S.2d 775, 1989 N.Y. App. Div. LEXIS 14836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/himelein-v-frank-nyappdiv-1989.

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