Morning Line, Inc. v. Mormile Bros.

Appellate Division of the Supreme Court of New York

Morning Line, Inc. v. Mormile Bros.

71 A.D.2d 652, 418 N.Y.S.2d 1018, 1979 N.Y. App. Div. LEXIS 12876

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

DecidedJuly 23, 1979

StatusPublished

This text of 71 A.D.2d 652 (Morning Line, Inc. v. Mormile Bros.) 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

Morning Line, Inc. v. Mormile Bros., 71 A.D.2d 652, 418 N.Y.S.2d 1018, 1979 N.Y. App. Div. LEXIS 12876 (N.Y. Ct. App. 1979).

Pincite

Opinion

—In an action to recover damages for breach of contract, plaintiffs appeal from an order of the Supreme Court, Nassau County, entered March 16, 1978, which denied their motion, inter alia, to vacate a default judgment. Order reversed, without costs or disbursements, plaintiffs’ motion is granted and the default judgment is vacated. Plaintiffs shall serve their reply within 20 days after entry of the order to be made hereon. The facts suggest an excusable default, not willfully incurred. Prejudice to defendant was minimal (see Moran v Rynar, 39 AD2d 718). Titone, J. P., Shapiro, Martuscello and Mangano, JJ., concur.

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—In an action to recover damages for breach of contract, plaintiffs appeal from an order of the Supreme Court, Nassau County, entered March 16, 1978, which denied their motion, inter alia, to vacate a default judgment. Order reversed, without costs or disbursements, plaintiffs’ motion is granted and the default judgment is vacated. Plaintiffs shall serve their reply within 20 days after entry of the order to be made hereon. The facts suggest an excusable default, not willfully incurred. Prejudice to defendant was minimal (see Moran v Rynar, 39 AD2d 718). Titone, J. P., Shapiro, Martuscello and Mangano, JJ., concur.

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Bluebook (online)

71 A.D.2d 652, 418 N.Y.S.2d 1018, 1979 N.Y. App. Div. LEXIS 12876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morning-line-inc-v-mormile-bros-nyappdiv-1979.

Opinion

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