Home/New York Court of Appeals/Q.P.I. Restaurants Ltd. v. Slevin

Q.P.I. Restaurants Ltd. v. Slevin

445 N.E.2d 206, 58 N.Y.2d 769, 459 N.Y.S.2d 30, 1982 N.Y. LEXIS 3955
CourtNew York Court of Appeals
DecidedDecember 15, 1982
StatusPublished
Cited by8 cases

This text of 445 N.E.2d 206 (Q.P.I. Restaurants Ltd. v. Slevin) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Q.P.I. Restaurants Ltd. v. Slevin, 445 N.E.2d 206, 58 N.Y.2d 769, 459 N.Y.S.2d 30, 1982 N.Y. LEXIS 3955 (N.Y. 1982).

Opinion

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, motion to vacate the default judgment denied and matter remitted to the Appellate Division, First Department, for consideration of the issues not already passed upon by that court. Question certified answered in the affirmative. The Appellate Division abused its discretion as a matter of law in conditionally vacating the default judgment taken against defendants as a consequence of their failure to answer, for which the only excuse offered was law office failure (Eaton v Equitable Life Assur. Soc. of U. S., 56 NY2d 900).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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93 A.D.2d 767 (Appellate Division of the Supreme Court of New York, 1983)
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Bluebook (online)
445 N.E.2d 206, 58 N.Y.2d 769, 459 N.Y.S.2d 30, 1982 N.Y. LEXIS 3955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/qpi-restaurants-ltd-v-slevin-ny-1982.