Olewski v. Bank Leumi Trust Co.

Appellate Division of the Supreme Court of New York

Olewski v. Bank Leumi Trust Co.

98 A.D.2d 608, 469 N.Y.S.2d 575, 1983 N.Y. App. Div. LEXIS 20888

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

DecidedDecember 1, 1983

StatusPublished

This text of 98 A.D.2d 608 (Olewski v. Bank Leumi Trust Co.) 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

Olewski v. Bank Leumi Trust Co., 98 A.D.2d 608, 469 N.Y.S.2d 575, 1983 N.Y. App. Div. LEXIS 20888 (N.Y. Ct. App. 1983).

Pincite

Opinion

Order of the Supreme Court, New York County (A. Blyn, J.), entered May 11, 1983, denying plaintiffs’ motion to vacate their default in failing to timely serve a reply to a counterclaim interposed by defendants-intervenors, is reversed, on the law and facts, with costs, and the motion by plaintiffs to vacate the default is granted. Plaintiff Olewski demonstrated that the short delay in replying to the counterclaim was not due to “law office failure” and that he diligently prosecuted the litigation herein. The affidavits submitted by plaintiff and his counsel also established a meritorious defense to the counterclaim. Concur — Sullivan, J. P., Ross, Carro, Asch and Bloom, JJ.

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Order of the Supreme Court, New York County (A. Blyn, J.), entered May 11, 1983, denying plaintiffs’ motion to vacate their default in failing to timely serve a reply to a counterclaim interposed by defendants-intervenors, is reversed, on the law and facts, with costs, and the motion by plaintiffs to vacate the default is granted. Plaintiff Olewski demonstrated that the short delay in replying to the counterclaim was not due to “law office failure” and that he diligently prosecuted the litigation herein. The affidavits submitted by plaintiff and his counsel also established a meritorious defense to the counterclaim. Concur — Sullivan, J. P., Ross, Carro, Asch and Bloom, JJ.

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Bluebook (online)

98 A.D.2d 608, 469 N.Y.S.2d 575, 1983 N.Y. App. Div. LEXIS 20888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olewski-v-bank-leumi-trust-co-nyappdiv-1983.