Nicolo v. Bickle

Appellate Division of the Supreme Court of New York

Nicolo v. Bickle

214 A.D.2d 1034, 627 N.Y.S.2d 596, 1995 N.Y. App. Div. LEXIS 6813

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

DecidedApril 28, 1995

StatusPublished

This text of 214 A.D.2d 1034 (Nicolo v. Bickle) 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

Nicolo v. Bickle, 214 A.D.2d 1034, 627 N.Y.S.2d 596, 1995 N.Y. App. Div. LEXIS 6813 (N.Y. Ct. App. 1995).

Pincite

Opinion

Order unanimously reversed on the law without costs, motion granted and complaint reinstated. Memorandum: Supreme Court dismissed the complaint for nonappearance of plaintiff and his attorney on the date set for trial, and thereafter denied plaintiffs motion to vacate the default judgment. Under the circumstances of this case, that was an improvident exercise of discretion. (Appeal from Order of Supreme Court, Livingston County, Wiggins, Jr., J.—Vacate Default.) Present—Pine, J. P., Fallon, Callahan, Doerr and Balio, JJ.

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Order unanimously reversed on the law without costs, motion granted and complaint reinstated. Memorandum: Supreme Court dismissed the complaint for nonappearance of plaintiff and his attorney on the date set for trial, and thereafter denied plaintiffs motion to vacate the default judgment. Under the circumstances of this case, that was an improvident exercise of discretion. (Appeal from Order of Supreme Court, Livingston County, Wiggins, Jr., J.—Vacate Default.) Present—Pine, J. P., Fallon, Callahan, Doerr and Balio, JJ.

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Bluebook (online)

214 A.D.2d 1034, 627 N.Y.S.2d 596, 1995 N.Y. App. Div. LEXIS 6813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicolo-v-bickle-nyappdiv-1995.