Playcon Enterprises v. Yack

Appellate Division of the Supreme Court of New York

Playcon Enterprises v. Yack

270 A.D.2d 954, 705 N.Y.S.2d 309, 2000 N.Y. App. Div. LEXIS 3449

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

DecidedMarch 29, 2000

StatusPublished

This text of 270 A.D.2d 954 (Playcon Enterprises v. Yack) 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

Playcon Enterprises v. Yack, 270 A.D.2d 954, 705 N.Y.S.2d 309, 2000 N.Y. App. Div. LEXIS 3449 (N.Y. Ct. App. 2000).

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Opinion

—Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in denying without a hearing the motion of defendant Flextec International, Ltd. (Flextec) to vacate the default judgment and dismiss the underlying action. A hearing is necessary to determine whether defendant Stephen Yack was an agent of Flextec and agreed not only to supply materials, but also to make the repairs requested by plaintiff (see, Tonawanda School Empls. Fed. Credit Union v Zack, 242 AD2d 894). We therefore reverse the judgment and remit the matter to Supreme Court for that purpose. (Appeal from Order of Supreme Court, Erie County, Kane, J. — Vacate Judgment.) Present — Pigott, Jr., P. J., Green, Wisner, Scudder and Kehoe, JJ.

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—Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in denying without a hearing the motion of defendant Flextec International, Ltd. (Flextec) to vacate the default judgment and dismiss the underlying action. A hearing is necessary to determine whether defendant Stephen Yack was an agent of Flextec and agreed not only to supply materials, but also to make the repairs requested by plaintiff (see, Tonawanda School Empls. Fed. Credit Union v Zack, 242 AD2d 894). We therefore reverse the judgment and remit the matter to Supreme Court for that purpose. (Appeal from Order of Supreme Court, Erie County, Kane, J. — Vacate Judgment.) Present — Pigott, Jr., P. J., Green, Wisner, Scudder and Kehoe, JJ.

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Bluebook (online)

270 A.D.2d 954, 705 N.Y.S.2d 309, 2000 N.Y. App. Div. LEXIS 3449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/playcon-enterprises-v-yack-nyappdiv-2000.

Opinion

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