Pelullo v. Edwards & Angell

Appellate Division of the Supreme Court of New York

Pelullo v. Edwards & Angell

262 A.D.2d 79, 689 N.Y.S.2d 639, 1999 N.Y. App. Div. LEXIS 6457

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

DecidedJune 10, 1999

StatusPublished

This text of 262 A.D.2d 79 (Pelullo v. Edwards & Angell) 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

Pelullo v. Edwards & Angell, 262 A.D.2d 79, 689 N.Y.S.2d 639, 1999 N.Y. App. Div. LEXIS 6457 (N.Y. Ct. App. 1999).

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Opinion

—Order, Supreme Court, New [80]*80York County (Lewis Friedman, J.), entered January 16, 1998, which denied plaintiffs’ motion to vacate their default in opposing defendant’s prior motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.

Although plaintiffs’ default was excusable given that their counsel at the time was in the midst of its own bankruptcy proceeding, we nonetheless affirm since plaintiffs have failed to demonstrate merit to their claims. Concur — Ellerin, P. J., Nardelli, Mazzarelli, Rubin and Saxe, JJ.

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—Order, Supreme Court, New [80]*80York County (Lewis Friedman, J.), entered January 16, 1998, which denied plaintiffs’ motion to vacate their default in opposing defendant’s prior motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.

Although plaintiffs’ default was excusable given that their counsel at the time was in the midst of its own bankruptcy proceeding, we nonetheless affirm since plaintiffs have failed to demonstrate merit to their claims. Concur — Ellerin, P. J., Nardelli, Mazzarelli, Rubin and Saxe, JJ.

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Bluebook (online)

262 A.D.2d 79, 689 N.Y.S.2d 639, 1999 N.Y. App. Div. LEXIS 6457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pelullo-v-edwards-angell-nyappdiv-1999.