Schulman v. Associated Food Stores, Inc.

Appellate Division of the Supreme Court of New York

Schulman v. Associated Food Stores, Inc.

259 A.D.2d 479, 684 N.Y.S.2d 889, 1999 N.Y. App. Div. LEXIS 2037

Appellate Division of the Supreme Court of the State of New York·Decided March 1, 1999·Published

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Golden, J.), dated March 6, 1998, which granted the defendant’s motion to vacate a judgment entered upon its default in appearing or answering the complaint.

Ordered that the order is affirmed, with costs.

The defendant provided evidence of excusable default and established a meritorious defense (see, Kirkaldy v Hertz Corp., 221 AD2d 599; Baldassarre v Morwil Supermarket, 203 AD2d 221). Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.

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—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Golden, J.), dated March 6, 1998, which granted the defendant’s motion to vacate a judgment entered upon its default in appearing or answering the complaint.

Ordered that the order is affirmed, with costs.

The defendant provided evidence of excusable default and established a meritorious defense (see, Kirkaldy v Hertz Corp., 221 AD2d 599; Baldassarre v Morwil Supermarket, 203 AD2d 221). Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.

Schulman v. Associated Food Stores, Inc., 259 A.D.2d 479, 684 N.Y.S.2d 889, 1999 N.Y. App. Div. LEXIS 2037 (N.Y. Ct. App. 1999).

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259 A.D.2d 479 (Schulman v. Associated Food Stores, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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