Thomas v. Premier Ford, Inc.

Appellate Division of the Supreme Court of New York

Thomas v. Premier Ford, Inc.

212 A.D.2d 591, 623 N.Y.S.2d 129, 1995 N.Y. App. Div. LEXIS 1544

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

DecidedFebruary 14, 1995

StatusPublished

This text of 212 A.D.2d 591 (Thomas v. Premier Ford, Inc.) 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

Thomas v. Premier Ford, Inc., 212 A.D.2d 591, 623 N.Y.S.2d 129, 1995 N.Y. App. Div. LEXIS 1544 (N.Y. Ct. App. 1995).

Pincite

Opinion

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Krausman, J.), dated August 16, 1993, which granted the motion of the defendant Ivanhoe Thompson to vacate the default judgment entered against him and directed him to pay attorney’s fees in the sum of $250.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The respondent failed to demonstrate that he did not personally receive notice of this action in time to defend (see, CPLR 317) or that his default was excusable (see, CPLR 5015 [a] [1]). Consequently, his default should not have been vacated. Mangano, P. J., Bracken, Altman and Goldstein, 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 (Krausman, J.), dated August 16, 1993, which granted the motion of the defendant Ivanhoe Thompson to vacate the default judgment entered against him and directed him to pay attorney’s fees in the sum of $250.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The respondent failed to demonstrate that he did not personally receive notice of this action in time to defend (see, CPLR 317) or that his default was excusable (see, CPLR 5015 [a] [1]). Consequently, his default should not have been vacated. Mangano, P. J., Bracken, Altman and Goldstein, JJ., concur.

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Bluebook (online)

212 A.D.2d 591, 623 N.Y.S.2d 129, 1995 N.Y. App. Div. LEXIS 1544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-premier-ford-inc-nyappdiv-1995.