Penso v. Piscione

Appellate Division of the Supreme Court of New York

Penso v. Piscione

100 A.D.2d 619

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

DecidedMarch 26, 1984

StatusPublished

This text of 100 A.D.2d 619 (Penso v. Piscione) 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

Penso v. Piscione, 100 A.D.2d 619 (N.Y. Ct. App. 1984).

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Opinion

Appeal by plaintiffs from an order of the Supreme Court, Kings County (Hirsch, J.), dated February 28, 1983, which, among other things, granted the motion of defendant Piscione to, inter alia, vacate his default in answering and to direct plaintiffs to accept service of his answer, and directed that the insurance carrier for defendant Piscione pay plaintiff $350 costs. 11 Order modified, as an exercise of discretion, by increasing the amount payable to plaintiffs as costs to $750. As so modified, order affirmed, with costs to the plaintiffs. The defendant Piscione’s time to comply with that part of the order directing the payment of costs to plaintiffs is extended until 20 days after service upon him of a copy of the order to be made hereon, with notice of entry. 1i Under the circumstances of this case, the sanction imposed was inadequate to the extent indicated. Bracken, J. P., Niehoff, Rubin and Boyers, JJ., concur.

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Appeal by plaintiffs from an order of the Supreme Court, Kings County (Hirsch, J.), dated February 28, 1983, which, among other things, granted the motion of defendant Piscione to, inter alia, vacate his default in answering and to direct plaintiffs to accept service of his answer, and directed that the insurance carrier for defendant Piscione pay plaintiff $350 costs. 11 Order modified, as an exercise of discretion, by increasing the amount payable to plaintiffs as costs to $750. As so modified, order affirmed, with costs to the plaintiffs. The defendant Piscione’s time to comply with that part of the order directing the payment of costs to plaintiffs is extended until 20 days after service upon him of a copy of the order to be made hereon, with notice of entry. 1i Under the circumstances of this case, the sanction imposed was inadequate to the extent indicated. Bracken, J. P., Niehoff, Rubin and Boyers, JJ., concur.

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Bluebook (online)

100 A.D.2d 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/penso-v-piscione-nyappdiv-1984.