Persaud v. Metro North Ambulance Corp.

Appellate Division of the Supreme Court of New York

Persaud v. Metro North Ambulance Corp.

224 A.D.2d 505, 638 N.Y.S.2d 335, 1996 N.Y. App. Div. LEXIS 1135

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

DecidedFebruary 13, 1996

StatusPublished

This text of 224 A.D.2d 505 (Persaud v. Metro North Ambulance Corp.) 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

Persaud v. Metro North Ambulance Corp., 224 A.D.2d 505, 638 N.Y.S.2d 335, 1996 N.Y. App. Div. LEXIS 1135 (N.Y. Ct. App. 1996).

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Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Bernstein, J.), dated April 25, 1994, as granted the motion of [506]*506the respondent Dino Klamson to vacate a default judgment against him and for leave to serve an answer.

Ordered that the order is affirmed insofar appealed from, with costs; and it is further,

Ordered that the respondent’s time to serve an answer is extended until 30 days after service upon him of a copy of this decision and order, with notice of entry.

Since the movant demonstrated a meritorious defense and a reasonable excuse for the default of the defendant Dino Klamson, who was represented by the Corporation Counsel of the City of New York, the Supreme Court properly exercised its discretion in granting the motion to vacate the default (see, CPLR 5015 [a] [1]; 2005; Di Lorenzo, Inc. v Dutton Lbr. Co., 67 NY2d 138). Balletta, J. P., O’Brien, Ritter, Pizzuto and Altman, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Bernstein, J.), dated April 25, 1994, as granted the motion of [506]*506the respondent Dino Klamson to vacate a default judgment against him and for leave to serve an answer.

Ordered that the order is affirmed insofar appealed from, with costs; and it is further,

Ordered that the respondent’s time to serve an answer is extended until 30 days after service upon him of a copy of this decision and order, with notice of entry.

Since the movant demonstrated a meritorious defense and a reasonable excuse for the default of the defendant Dino Klamson, who was represented by the Corporation Counsel of the City of New York, the Supreme Court properly exercised its discretion in granting the motion to vacate the default (see, CPLR 5015 [a] [1]; 2005; Di Lorenzo, Inc. v Dutton Lbr. Co., 67 NY2d 138). Balletta, J. P., O’Brien, Ritter, Pizzuto and Altman, JJ., concur.

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Bluebook (online)

224 A.D.2d 505, 638 N.Y.S.2d 335, 1996 N.Y. App. Div. LEXIS 1135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/persaud-v-metro-north-ambulance-corp-nyappdiv-1996.

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