Peppe v. All Taxi Management, Inc.

Appellate Division of the Supreme Court of New York

Peppe v. All Taxi Management, Inc.

270 A.D.2d 161, 706 N.Y.S.2d 314, 2000 N.Y. App. Div. LEXIS 3085

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

DecidedMarch 23, 2000

StatusPublished

This text of 270 A.D.2d 161 (Peppe v. All Taxi Management, Inc.) 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

Peppe v. All Taxi Management, Inc., 270 A.D.2d 161, 706 N.Y.S.2d 314, 2000 N.Y. App. Div. LEXIS 3085 (N.Y. Ct. App. 2000).

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Opinion

—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about August 18, 1999, which, inter alia, denied defendants’ cross motion to dismiss the complaint, unanimously affirmed, without costs. Order, same court and Justice, entered November 16, 1999, which, insofar as appealable, denied defendants’ motion to vacate the default judgment entered against them, unanimously reversed, on the facts, without costs, to vacate the default judgment, and defendants directed to answer within 10 days of service of this order with notice of entry.

Defendants’ cross motion to dismiss pursuant to CPLR 3211 (a) (1) and (7) was properly denied. The documentary evidence [162]*162submitted by defendants to support their assertion that they were not the title owners of the taxicab in which plaintiff was injured is sufficiently contradicted by plaintiffs evidence to the contrary (see, Leon v Martinez, 84 NY2d 83, 87-88), and plaintiffs complaint states” a claim for vicarious liability. However, the default judgment entered against defendants should have been vacated upon a showing that their defaults were unintentional and that they have a meritorious defense. Concur — Nardelli, J. P., Ellerin, Lerner and Rubin, JJ.

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—Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about August 18, 1999, which, inter alia, denied defendants’ cross motion to dismiss the complaint, unanimously affirmed, without costs. Order, same court and Justice, entered November 16, 1999, which, insofar as appealable, denied defendants’ motion to vacate the default judgment entered against them, unanimously reversed, on the facts, without costs, to vacate the default judgment, and defendants directed to answer within 10 days of service of this order with notice of entry.

Defendants’ cross motion to dismiss pursuant to CPLR 3211 (a) (1) and (7) was properly denied. The documentary evidence [162]*162submitted by defendants to support their assertion that they were not the title owners of the taxicab in which plaintiff was injured is sufficiently contradicted by plaintiffs evidence to the contrary (see, Leon v Martinez, 84 NY2d 83, 87-88), and plaintiffs complaint states” a claim for vicarious liability. However, the default judgment entered against defendants should have been vacated upon a showing that their defaults were unintentional and that they have a meritorious defense. Concur — Nardelli, J. P., Ellerin, Lerner and Rubin, JJ.

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Bluebook (online)

270 A.D.2d 161, 706 N.Y.S.2d 314, 2000 N.Y. App. Div. LEXIS 3085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peppe-v-all-taxi-management-inc-nyappdiv-2000.

Opinion

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