Montalvo v. Reservoir Hacking Corp.

Appellate Division of the Supreme Court of New York

Montalvo v. Reservoir Hacking Corp.

283 A.D.2d 281, 724 N.Y.S.2d 314, 2001 N.Y. App. Div. LEXIS 5051

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

DecidedMay 17, 2001

StatusPublished

This text of 283 A.D.2d 281 (Montalvo v. Reservoir Hacking Corp.) 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

Montalvo v. Reservoir Hacking Corp., 283 A.D.2d 281, 724 N.Y.S.2d 314, 2001 N.Y. App. Div. LEXIS 5051 (N.Y. Ct. App. 2001).

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Opinion

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered October 20, 2000, which, in an action for personal injuries sustained when defendants’ vehicle collided with the rear of plaintiffs vehicle, denied defendants’ motion to vacate an order, entered June 30, 2000 after an inquest, directing entry of judgment in favor of plaintiff and against defendants in the principal amount of $25,000, and to restore the action to the jury trial calendar, unanimously affirmed, without costs. Appeal from judgment, same court and Justice, entered July 24, 2000, pursuant to the above order, unanimously dismissed, without costs.

At no time prior to the entry of judgment did defendants ever alert the court to any objections they had to its inquest procedures. Instead, for reasons that are not clear from the record, defendants simply decided not to participate in the inquest. Defendants will not be heard to challenge the IAS court’s inquest where their absence therefrom was not accompanied by any objections. We affirm solely for that reason. Concur — Rosenberger, J. P., Tom, Mazzarelli, Wallach and Friedman, JJ.

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—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered October 20, 2000, which, in an action for personal injuries sustained when defendants’ vehicle collided with the rear of plaintiffs vehicle, denied defendants’ motion to vacate an order, entered June 30, 2000 after an inquest, directing entry of judgment in favor of plaintiff and against defendants in the principal amount of $25,000, and to restore the action to the jury trial calendar, unanimously affirmed, without costs. Appeal from judgment, same court and Justice, entered July 24, 2000, pursuant to the above order, unanimously dismissed, without costs.

At no time prior to the entry of judgment did defendants ever alert the court to any objections they had to its inquest procedures. Instead, for reasons that are not clear from the record, defendants simply decided not to participate in the inquest. Defendants will not be heard to challenge the IAS court’s inquest where their absence therefrom was not accompanied by any objections. We affirm solely for that reason. Concur — Rosenberger, J. P., Tom, Mazzarelli, Wallach and Friedman, JJ.

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Bluebook (online)

283 A.D.2d 281, 724 N.Y.S.2d 314, 2001 N.Y. App. Div. LEXIS 5051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montalvo-v-reservoir-hacking-corp-nyappdiv-2001.