Spano v. National Biscuit Co.

Appellate Division of the Supreme Court of New York

Spano v. National Biscuit Co.

38 A.D.2d 570, 328 N.Y.S.2d 380, 1971 N.Y. App. Div. LEXIS 2830

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

DecidedDecember 6, 1971

StatusPublished

This text of 38 A.D.2d 570 (Spano v. National Biscuit Co.) 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

Spano v. National Biscuit Co., 38 A.D.2d 570, 328 N.Y.S.2d 380, 1971 N.Y. App. Div. LEXIS 2830 (N.Y. Ct. App. 1971).

Pincite

Opinion

In consolidated negligence actions to recover damages for personal injuries, the third-party plaintiffs appeal from an order of the Supreme Court, Kings County, dated April 21, 1971, which conditionally (l) granted the third-party defendant’s renewed motion to vacate a default judgment and (2) restored the action to the trial calendar. Order reversed, with $10 costs and disbursements, and renewed motion denied. Under the circumstances herein, where the third-party defendant defaulted not once but twice and failed to show either a sufficient excuse for the default or an adequate affidavit of merit, we find it was an abuse of discretion for the Trial Term to vacate the default. Munder, Acting P. J., Latham, Shapiro, Gulotta and Christ, JJ., concur.

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In consolidated negligence actions to recover damages for personal injuries, the third-party plaintiffs appeal from an order of the Supreme Court, Kings County, dated April 21, 1971, which conditionally (l) granted the third-party defendant’s renewed motion to vacate a default judgment and (2) restored the action to the trial calendar. Order reversed, with $10 costs and disbursements, and renewed motion denied. Under the circumstances herein, where the third-party defendant defaulted not once but twice and failed to show either a sufficient excuse for the default or an adequate affidavit of merit, we find it was an abuse of discretion for the Trial Term to vacate the default. Munder, Acting P. J., Latham, Shapiro, Gulotta and Christ, JJ., concur.

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Bluebook (online)

38 A.D.2d 570, 328 N.Y.S.2d 380, 1971 N.Y. App. Div. LEXIS 2830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spano-v-national-biscuit-co-nyappdiv-1971.