Sung-Soon Kim v. Chang Hwa Park

Appellate Division of the Supreme Court of New York

Sung-Soon Kim v. Chang Hwa Park

292 A.D.2d 594, 739 N.Y.S.2d 599, 2002 N.Y. App. Div. LEXIS 3207

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

DecidedMarch 25, 2002

StatusPublished

Cited by1 cases

This text of 292 A.D.2d 594 (Sung-Soon Kim v. Chang Hwa Park) 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

Sung-Soon Kim v. Chang Hwa Park, 292 A.D.2d 594, 739 N.Y.S.2d 599, 2002 N.Y. App. Div. LEXIS 3207 (N.Y. Ct. App. 2002).

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Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Price, J.), dated March 14, 2001, as granted that branch of the defendants’ motion which was to dismiss the complaint pursuant to CPLR 3215 (c).

Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, that branch of the motion which was to dismiss the complaint is denied, and the complaint is reinstated.

Under the circumstances of this case, the trial court improvidently exercised its discretion in granting that branch of the defendants’ motion which was to dismiss the complaint pursuant to CPLR 3215 (c). The plaintiffs demonstrated a sufficient excuse for failing to move to enter judgment within one year of the defendants’ default and a meritorious cause of action (see Bazac v Odelia Enters. Corp., 272 AD2d 226; McGovern v O’Connor, 256 AD2d 501). Altman, J.P., Krausman, McGinity and Cozier, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Price, J.), dated March 14, 2001, as granted that branch of the defendants’ motion which was to dismiss the complaint pursuant to CPLR 3215 (c).

Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, that branch of the motion which was to dismiss the complaint is denied, and the complaint is reinstated.

Under the circumstances of this case, the trial court improvidently exercised its discretion in granting that branch of the defendants’ motion which was to dismiss the complaint pursuant to CPLR 3215 (c). The plaintiffs demonstrated a sufficient excuse for failing to move to enter judgment within one year of the defendants’ default and a meritorious cause of action (see Bazac v Odelia Enters. Corp., 272 AD2d 226; McGovern v O’Connor, 256 AD2d 501). Altman, J.P., Krausman, McGinity and Cozier, JJ., concur.

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Bluebook (online)

292 A.D.2d 594, 739 N.Y.S.2d 599, 2002 N.Y. App. Div. LEXIS 3207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sung-soon-kim-v-chang-hwa-park-nyappdiv-2002.

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