Kremer Construction Co. v. City of Yonkers

Appellate Division of the Supreme Court of New York

Kremer Construction Co. v. City of Yonkers

40 A.D.2d 870, 338 N.Y.S.2d 96, 1972 N.Y. App. Div. LEXIS 3304

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

DecidedNovember 27, 1972

StatusPublished

This text of 40 A.D.2d 870 (Kremer Construction Co. v. City of Yonkers) 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

Kremer Construction Co. v. City of Yonkers, 40 A.D.2d 870, 338 N.Y.S.2d 96, 1972 N.Y. App. Div. LEXIS 3304 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a breach of contract action, defendant appeals from an order of the Supreme Court, Westchester County, dated January 11, 1972, which granted plaintiff’s renewed motion to vacate a default judgment, entered March 29, 1971, dismissing the complaint. Order affirmed, without costs. The continuation of the examination before trial of plaintiff, by its president,. Mr. Paul R. Kremer, and of defendant, shall proceed at a time and place to be fixed in a written notice of not less than 10 days, to be given by defendant, or at such time and place as may be agreed upon by the parties. If the president of plaintiff is unable, because of continued ill health, to be examined, [871]*871an officer or employee thereof, with knowledge of the facts, shall appear for examination before trial in his stead. In our opinion, the 'Special Term properly exercised its discretion in granting the motion to vacate the default judgment (C'PLR 5015, subd. [a], par. 1; see Dahlem v. Universal School Bus Leasing, 35 A D 2d 992, 993). Latham, Acting P. J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.

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In a breach of contract action, defendant appeals from an order of the Supreme Court, Westchester County, dated January 11, 1972, which granted plaintiff’s renewed motion to vacate a default judgment, entered March 29, 1971, dismissing the complaint. Order affirmed, without costs. The continuation of the examination before trial of plaintiff, by its president,. Mr. Paul R. Kremer, and of defendant, shall proceed at a time and place to be fixed in a written notice of not less than 10 days, to be given by defendant, or at such time and place as may be agreed upon by the parties. If the president of plaintiff is unable, because of continued ill health, to be examined, [871]*871an officer or employee thereof, with knowledge of the facts, shall appear for examination before trial in his stead. In our opinion, the 'Special Term properly exercised its discretion in granting the motion to vacate the default judgment (C'PLR 5015, subd. [a], par. 1; see Dahlem v. Universal School Bus Leasing, 35 A D 2d 992, 993). Latham, Acting P. J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.

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Bluebook (online)

40 A.D.2d 870, 338 N.Y.S.2d 96, 1972 N.Y. App. Div. LEXIS 3304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kremer-construction-co-v-city-of-yonkers-nyappdiv-1972.