Default vacated on CPLR 317 grounds
March 18, 2010
1 Comment
Nursing Personnel Homecare v New York Cent. Mut. Fire Ins. Co., 2010 NY Slip Op 50450(U)(App. Term 2d Dept. 2010) “In support of defendant’s motion to
Nursing Personnel Homecare v New York Cent. Mut. Fire Ins. Co., 2010 NY Slip Op 50450(U)(App. Term 2d Dept. 2010) “In support of defendant’s motion to
This is a most interesting case. I will discuss my thoughts in some detail because this case seems to possibly support the inference that a default
In Westchester Med. Ctr. v Philadelphia Indem. Ins. Co., 2010 NY Slip Op 00138 (2d Dept. 2010), the Appellate Division held that an entered clerk’s judgment
In Chechen v Spencer, 2009 NY Slip Op 09177 (2d Dept. 2009), law office failure (again) was discussed: “After the plaintiff failed to appear at a
The Appellate Division, First Department, in Lamar v City of New York, 2009 NY Slip Op 08974 (1st Dept. 2009), said this in a four sentence
The Fourth Department, in Counsel Fin. Servs., LLC v David Mcquade Leibowitz, P.C., 2009 NY Slip Op 08663 (4th Dept. 2009), observed the following: “We note
When vacating a default in the Second Department based upon law office failure, the proponent of the motion must produce admissible evidence explaining the nature and
The one thing that we can all say about Second Department practice, whether it be at the Appellate Term or the Appellate Division, is that the
Urban Radiology, P.C. v American Tr. Ins. Co. 2009 NY Slip Op 51734(U)(App. Term 2d Dept. 2009) “In the case at bar, defendant’s no-fault supervisor, who
This is similar to the cases where a peer doctor fails to review sufficient documentation before arriving at an opinion. “Lack of Foundation to form an