Truong v. All Pro Air Delivery, Inc.

Appellate Division of the Supreme Court of New York

Truong v. All Pro Air Delivery, Inc.

278 A.D.2d 45, 717 N.Y.S.2d 526, 2000 N.Y. App. Div. LEXIS 12693

Appellate Division of the Supreme Court of the State of New York·Decided December 7, 2000·Published·Cited by 3 cases

Opinion

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about March 15, 2000, which, to the extent appealed from, denied that branch of defendants’ motion seeking dismissal of the complaint pursuant to CPLR 3215 (c), unanimously affirmed, without costs.

Although plaintiff failed to move for entry of a default judgment within the one year, dismissal of the complaint pursuant to CPLR 2315 (c) was properly denied upon plaintiffs showing of a reasonable excuse for his delay and a meritorious cause of action (see, LaValle v Astoria Constr. & Paving Corp., 266 AD2d 28). Concur — Rosenberger, J. P., Williams, Andrias, Buckley and Friedman, JJ.

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Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about March 15, 2000, which, to the extent appealed from, denied that branch of defendants’ motion seeking dismissal of the complaint pursuant to CPLR 3215 (c), unanimously affirmed, without costs.

Although plaintiff failed to move for entry of a default judgment within the one year, dismissal of the complaint pursuant to CPLR 2315 (c) was properly denied upon plaintiffs showing of a reasonable excuse for his delay and a meritorious cause of action (see, LaValle v Astoria Constr. & Paving Corp., 266 AD2d 28). Concur — Rosenberger, J. P., Williams, Andrias, Buckley and Friedman, JJ.

Truong v. All Pro Air Delivery, Inc., 278 A.D.2d 45, 717 N.Y.S.2d 526, 2000 N.Y. App. Div. LEXIS 12693 (N.Y. Ct. App. 2000).

Pincite

278 A.D.2d 45 (Truong v. All Pro Air Delivery, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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