Kwoczka v. Cawley

Appellate Division of the Supreme Court of New York

Kwoczka v. Cawley

65 A.D.2d 807, 410 N.Y.S.2d 1018, 1978 N.Y. App. Div. LEXIS 13690

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

DecidedNovember 27, 1978

StatusPublished

This text of 65 A.D.2d 807 (Kwoczka v. Cawley) 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

Kwoczka v. Cawley, 65 A.D.2d 807, 410 N.Y.S.2d 1018, 1978 N.Y. App. Div. LEXIS 13690 (N.Y. Ct. App. 1978).

Pincite

Opinion

—In a negligence action to recover damages for personal injuries, etc., the defendants appeal from two orders of the Supreme Court, Queens County, dated November 1, 1977, and December 19, 1977, respectively, which denied their motions to vacate a default judgment. Order dated November 1, 1977 reversed, without costs or disbursements, and motion to vacate the default judgment is granted. Defendants’ time to answer is extended until 20 days after entry of the order to be made hereon. Appeal from the order dated December 19, 1977 dismissed as academic, without costs or disbursements, in light of the determination of the appeal from the November 1, 1977 order. Under the facts and circumstances of this case, the default judgment should have been vacated and the defendants should have been permitted to interpose an answer. Latham, J. P., Titone, Margett and Hawkins, JJ., concur.

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—In a negligence action to recover damages for personal injuries, etc., the defendants appeal from two orders of the Supreme Court, Queens County, dated November 1, 1977, and December 19, 1977, respectively, which denied their motions to vacate a default judgment. Order dated November 1, 1977 reversed, without costs or disbursements, and motion to vacate the default judgment is granted. Defendants’ time to answer is extended until 20 days after entry of the order to be made hereon. Appeal from the order dated December 19, 1977 dismissed as academic, without costs or disbursements, in light of the determination of the appeal from the November 1, 1977 order. Under the facts and circumstances of this case, the default judgment should have been vacated and the defendants should have been permitted to interpose an answer. Latham, J. P., Titone, Margett and Hawkins, JJ., concur.

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Bluebook (online)

65 A.D.2d 807, 410 N.Y.S.2d 1018, 1978 N.Y. App. Div. LEXIS 13690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kwoczka-v-cawley-nyappdiv-1978.