Huertas v. Videla
This text of 294 A.D.2d 469 (Huertas v. Videla) 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.
Opinion
—In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Harkavy, J.), dated August 7, 2001, which granted the defendant’s motion to vacate his default in answering.
Ordered that the order is affirmed, with costs.
Contrary to the plaintiffs contention, the Supreme Court providently exercised its discretion in vacating the defendant’s default (see Gray v B.R. Trucking Co., 59 NY2d 649; Warn v Choi-Lee, 291 AD2d 490; I.J. Handa, P.C. v Imperato, 159 AD2d 484; CPLR 5015 [a] [1]). Ritter, J.P., Goldstein, Luciano and Schmidt, JJ., concur.
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Cite This Page — Counsel Stack
294 A.D.2d 469, 742 N.Y.S.2d 853, 2002 N.Y. App. Div. LEXIS 5219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huertas-v-videla-nyappdiv-2002.