Vasquez v. 1998 2nd Avenue Ass'n

Appellate Division of the Supreme Court of New York

Vasquez v. 1998 2nd Avenue Ass'n

292 A.D.2d 211, 738 N.Y.S.2d 564, 2002 N.Y. App. Div. LEXIS 2410

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

DecidedMarch 12, 2002

StatusPublished

This text of 292 A.D.2d 211 (Vasquez v. 1998 2nd Avenue Ass'n) 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

Vasquez v. 1998 2nd Avenue Ass'n, 292 A.D.2d 211, 738 N.Y.S.2d 564, 2002 N.Y. App. Div. LEXIS 2410 (N.Y. Ct. App. 2002).

Pincite

Opinion

Order, Supreme Court, New York County (Walter Tolub, J.), entered on or about January 29, 2001, which, in an action for personal injuries sustained when plaintiff was struck by a sign that fell from a building, granted defendants’ motion to vacate the default judgment entered against them, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered June 18, 2001, which granted defendants’ motion to dismiss the complaint, unanimously dismissed, without costs, as abandoned.

The default judgment was properly vacated upon a record showing that defendants promptly forwarded the summons and complaint and the motion for a default judgment to their insurance broker, that the subsequent defaults in answering the complaint and opposing the motion for a default judgment were the broker’s fault, and that defendants were not the owner and managing agent of the subject building at the time of the accident (CPLR 2005, 5015 [a] [1]). We think it significant that information about the ownership of the building was public. We also note that, as this record discloses, the action is without merit. Concur — Williams, P.J., Nardelli, Andrias, Sullivan and Friedman, JJ.

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Order, Supreme Court, New York County (Walter Tolub, J.), entered on or about January 29, 2001, which, in an action for personal injuries sustained when plaintiff was struck by a sign that fell from a building, granted defendants’ motion to vacate the default judgment entered against them, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered June 18, 2001, which granted defendants’ motion to dismiss the complaint, unanimously dismissed, without costs, as abandoned.

The default judgment was properly vacated upon a record showing that defendants promptly forwarded the summons and complaint and the motion for a default judgment to their insurance broker, that the subsequent defaults in answering the complaint and opposing the motion for a default judgment were the broker’s fault, and that defendants were not the owner and managing agent of the subject building at the time of the accident (CPLR 2005, 5015 [a] [1]). We think it significant that information about the ownership of the building was public. We also note that, as this record discloses, the action is without merit. Concur — Williams, P.J., Nardelli, Andrias, Sullivan and Friedman, JJ.

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Bluebook (online)

292 A.D.2d 211, 738 N.Y.S.2d 564, 2002 N.Y. App. Div. LEXIS 2410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vasquez-v-1998-2nd-avenue-assn-nyappdiv-2002.