Newman v. Goodman Bros. Monuments, Inc.

Appellate Division of the Supreme Court of New York

Newman v. Goodman Bros. Monuments, Inc.

100 A.D.2d 840, 473 N.Y.S.2d 761, 1984 N.Y. App. Div. LEXIS 17946

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

DecidedApril 2, 1984

StatusPublished

Cited by1 cases

This text of 100 A.D.2d 840 (Newman v. Goodman Bros. Monuments, Inc.) 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.

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Newman v. Goodman Bros. Monuments, Inc., 100 A.D.2d 840, 473 N.Y.S.2d 761, 1984 N.Y. App. Div. LEXIS 17946 (N.Y. Ct. App. 1984).

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Opinion

In an action to recover damages for infliction of mental and emotional shock, distress and humiliation arising from the installation of an improper tombstone, defendant Twin City Custom Sandblast, Inc., appeals from an order of the Supreme Court, Rockland County (Slifkin, J.), dated March 25, 1983, which granted plaintiffs’ motion for leave to enter a default judgment against it and denied its cross motion to vacate its default. $ Order reversed, as a matter of discretion, without costs or disbursements, motion denied, cross motion granted, and appellant’s answer is deemed served on condition that the attorneys for appellant personally pay to the plaintiffs $500 within 20 days after service upon them of a copy of the order to be made hereon, with notice of entry; in the event the condition is not complied with, order affirmed, with costs. $ In light of the circumstances and the legislation which modified the Barasch-Eaton rule (Barasch v Micucci, 49 NY2d 594; Eaton v Equitable Life Assur. Soc., 56 NY2d 900; see CPLR 2005, 3012, subd [d]; L 1983, ch 318), we exercise our discretion to relieve appellant of its default. However, we have imposed an appropriate sanction on appellant’s attorneys (see Mineroff v Macy’s & Co., 97 AD2d 535; Robinson v USAA Cas. Ins. Co., 97 AD2d 837). Titone, J. P., O’Connor, Brown and Eiber, JJ., concur.

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In an action to recover damages for infliction of mental and emotional shock, distress and humiliation arising from the installation of an improper tombstone, defendant Twin City Custom Sandblast, Inc., appeals from an order of the Supreme Court, Rockland County (Slifkin, J.), dated March 25, 1983, which granted plaintiffs’ motion for leave to enter a default judgment against it and denied its cross motion to vacate its default. $ Order reversed, as a matter of discretion, without costs or disbursements, motion denied, cross motion granted, and appellant’s answer is deemed served on condition that the attorneys for appellant personally pay to the plaintiffs $500 within 20 days after service upon them of a copy of the order to be made hereon, with notice of entry; in the event the condition is not complied with, order affirmed, with costs. $ In light of the circumstances and the legislation which modified the Barasch-Eaton rule (Barasch v Micucci, 49 NY2d 594; Eaton v Equitable Life Assur. Soc., 56 NY2d 900; see CPLR 2005, 3012, subd [d]; L 1983, ch 318), we exercise our discretion to relieve appellant of its default. However, we have imposed an appropriate sanction on appellant’s attorneys (see Mineroff v Macy’s & Co., 97 AD2d 535; Robinson v USAA Cas. Ins. Co., 97 AD2d 837). Titone, J. P., O’Connor, Brown and Eiber, JJ., concur.

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Bluebook (online)

100 A.D.2d 840, 473 N.Y.S.2d 761, 1984 N.Y. App. Div. LEXIS 17946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newman-v-goodman-bros-monuments-inc-nyappdiv-1984.

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