Nitti v. Giamboi

Appellate Division of the Supreme Court of New York

Nitti v. Giamboi

181 A.D.2d 501

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

DecidedMarch 10, 1992

StatusPublished

This text of 181 A.D.2d 501 (Nitti v. Giamboi) 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

Nitti v. Giamboi, 181 A.D.2d 501 (N.Y. Ct. App. 1992).

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Opinion

— Order, Supreme Court, Bronx County (Hansel McGee, J.), entered December 12, 1990, which granted defendant’s motion to vacate its default in appearing and permitted it to interpose an answer on condition that it pay plaintiffs attorney the sum of $2,500, unanimously affirmed, with costs.

Defendant has sufficiently demonstrated an acceptable excuse for the default and a concededly meritorious defense, so as to warrant permitting it to interpose an answer (Ganvey Merchandising Corp. v Knudsen Elevator Corp., 169 AD2d 518). We further find the direction that defendant pay $2,500 to plaintiffs attorney, a payment to which defendant does not object, is justified. Concur — -Carro, J. P., Milonas, Wallach and Rubin, JJ.

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— Order, Supreme Court, Bronx County (Hansel McGee, J.), entered December 12, 1990, which granted defendant’s motion to vacate its default in appearing and permitted it to interpose an answer on condition that it pay plaintiffs attorney the sum of $2,500, unanimously affirmed, with costs.

Defendant has sufficiently demonstrated an acceptable excuse for the default and a concededly meritorious defense, so as to warrant permitting it to interpose an answer (Ganvey Merchandising Corp. v Knudsen Elevator Corp., 169 AD2d 518). We further find the direction that defendant pay $2,500 to plaintiffs attorney, a payment to which defendant does not object, is justified. Concur — -Carro, J. P., Milonas, Wallach and Rubin, JJ.

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181 A.D.2d 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nitti-v-giamboi-nyappdiv-1992.

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