Lifschultz v. Allabach

Appellate Division of the Supreme Court of New York

Lifschultz v. Allabach

10 A.D.2d 649, 197 N.Y.S.2d 807, 1960 N.Y. App. Div. LEXIS 11585

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

DecidedFebruary 29, 1960

StatusPublished

This text of 10 A.D.2d 649 (Lifschultz v. Allabach) 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

Lifschultz v. Allabach, 10 A.D.2d 649, 197 N.Y.S.2d 807, 1960 N.Y. App. Div. LEXIS 11585 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action to recover damages for injuries to person and property, and for medical expenses and loss of services, the appeal is from so much of an order granting respondent’s motion for reargument as on reargument granted her motion to open her default in pleading and permitted her to answer. Order modified by striking therefrom everything following the word “ Ordered ” in the second ordering paragraph and by substituting therefor the words “ that upon reargument the original decision denying defendant’s motion to open her default is adhered to”. As so modified, order insofar as appealed from affirmed, with $10 costs and disbursements to appellants. The facts stated in the moving papers fail to show that respondent’s default was due to mistake, inadvertence, surprise or excusable neglect (cf. Seller v. Ward, 10 A D 2d 633). Moreover, there is no factual showing that respondent has a meritorious defense. Nolan, P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.

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In an action to recover damages for injuries to person and property, and for medical expenses and loss of services, the appeal is from so much of an order granting respondent’s motion for reargument as on reargument granted her motion to open her default in pleading and permitted her to answer. Order modified by striking therefrom everything following the word “ Ordered ” in the second ordering paragraph and by substituting therefor the words “ that upon reargument the original decision denying defendant’s motion to open her default is adhered to”. As so modified, order insofar as appealed from affirmed, with $10 costs and disbursements to appellants. The facts stated in the moving papers fail to show that respondent’s default was due to mistake, inadvertence, surprise or excusable neglect (cf. Seller v. Ward, 10 A D 2d 633). Moreover, there is no factual showing that respondent has a meritorious defense. Nolan, P. J., Kleinfeld, Christ, Pette and Brennan, JJ., concur.

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Bluebook (online)

10 A.D.2d 649, 197 N.Y.S.2d 807, 1960 N.Y. App. Div. LEXIS 11585, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lifschultz-v-allabach-nyappdiv-1960.