New York Propane Corp. v. D & D Wiping Cloth Co.

Appellate Division of the Supreme Court of New York

New York Propane Corp. v. D & D Wiping Cloth Co.

108 A.D.2d 737, 485 N.Y.S.2d 715, 1985 N.Y. App. Div. LEXIS 43071

Appellate Division of the Supreme Court of the State of New York·Decided February 4, 1985·Published

Opinion

In an action to recover moneys allegedly due and owing, plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (D’Amaro, J.), dated February 14, 1984, as unconditionally granted defendants’ motion to vacate a default judgment entered against them.

Order modified, as a matter of discretion, by adding provisions allowing the judgment to stand as security and continuing the garnishment. As so modified, order affirmed, insofar as appealed from, without costs or disbursements.

Since the defendant corporation has been dissolved and its principals are not residents of New York State, our modification will preserve the rights of all parties. Mollen, P. J., Bracken, O’Connor and Niehoff, JJ., concur.

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In an action to recover moneys allegedly due and owing, plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (D’Amaro, J.), dated February 14, 1984, as unconditionally granted defendants’ motion to vacate a default judgment entered against them.

Order modified, as a matter of discretion, by adding provisions allowing the judgment to stand as security and continuing the garnishment. As so modified, order affirmed, insofar as appealed from, without costs or disbursements.

Since the defendant corporation has been dissolved and its principals are not residents of New York State, our modification will preserve the rights of all parties. Mollen, P. J., Bracken, O’Connor and Niehoff, JJ., concur.

New York Propane Corp. v. D & D Wiping Cloth Co., 108 A.D.2d 737, 485 N.Y.S.2d 715, 1985 N.Y. App. Div. LEXIS 43071 (N.Y. Ct. App. 1985).

Pincite

108 A.D.2d 737 (New York Propane Corp. v. D & D Wiping Cloth Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.