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Toledano v. Horowitz

289 A.D.2d 397, 734 N.Y.S.2d 900, 2001 N.Y. App. Div. LEXIS 12148
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 17, 2001
StatusPublished

This text of 289 A.D.2d 397 (Toledano v. Horowitz) 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
Toledano v. Horowitz, 289 A.D.2d 397, 734 N.Y.S.2d 900, 2001 N.Y. App. Div. LEXIS 12148 (N.Y. Ct. App. 2001).

Opinion

In an action to foreclose a tax lien, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCaffrey, J.), dated December 21, 2000, which denied her motion to vacate the dismissal of the action upon her default in appearing at a hearing to determine whether the defendants were served with process.

Ordered that the order is affirmed, without costs or disbursements.

The denial of the plaintiffs motion to vacate her default was a provident exercise of discretion (see, Alliance Prop. Mgt. & Dev. v Andrews Ave. Equities, 70 NY2d 831; Seven Acre Wood St. Assocs. v Wood, 286 AD2d 432). Friedmann, J. P., Smith, Adams and Townes, JJ., concur.

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Related

Alliance Property Management & Development, Inc. v. Andrews Avenue Equities, Inc.
517 N.E.2d 1327 (New York Court of Appeals, 1987)
Seven Acre Wood Street Associates, Inc. v. Wood
286 A.D.2d 432 (Appellate Division of the Supreme Court of New York, 2001)

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Bluebook (online)
289 A.D.2d 397, 734 N.Y.S.2d 900, 2001 N.Y. App. Div. LEXIS 12148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toledano-v-horowitz-nyappdiv-2001.