Ramona Productions, Inc. v. WBC Productions, Inc.

Appellate Division of the Supreme Court of New York

Ramona Productions, Inc. v. WBC Productions, Inc.

51 A.D.2d 524, 379 N.Y.S.2d 78, 1976 N.Y. App. Div. LEXIS 10735

Appellate Division of the Supreme Court of the State of New York·Decided January 27, 1976·Published

Opinion

Order, Supreme Court, New York County, entered on September 12, 1975, unanimously affirmed. Respondent shall recover of appellant $40 costs and disbursements of this appeal. Technically, there was no default on the return [525] date of the motion since plaintiff appeared through its lawyer’s service and sought, unsuccessfully, to consent to a conditional 30-day order. Its motion for reargument, though treated as a motion to open a default, was properly granted in the court’s discretion (CPLR 5015, subd [a], par 1), and the conditions imposed have apparently been satisfied. Concur—Stevens, P. J., Kupferman, Birns, Capozzoli and Lane, JJ.

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Order, Supreme Court, New York County, entered on September 12, 1975, unanimously affirmed. Respondent shall recover of appellant $40 costs and disbursements of this appeal. Technically, there was no default on the return [525] date of the motion since plaintiff appeared through its lawyer’s service and sought, unsuccessfully, to consent to a conditional 30-day order. Its motion for reargument, though treated as a motion to open a default, was properly granted in the court’s discretion (CPLR 5015, subd [a], par 1), and the conditions imposed have apparently been satisfied. Concur—Stevens, P. J., Kupferman, Birns, Capozzoli and Lane, JJ.

Ramona Productions, Inc. v. WBC Productions, Inc., 51 A.D.2d 524, 379 N.Y.S.2d 78, 1976 N.Y. App. Div. LEXIS 10735 (N.Y. Ct. App. 1976).

Pincite

51 A.D.2d 524 (Ramona Productions, Inc. v. WBC Productions, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.