From Casetext: Smarter Legal Research

Haddad v. Worthman

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2004
13 A.D.3d 337 (N.Y. App. Div. 2004)

Opinion

2003-06041.

December 6, 2004.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated May 28, 2003, which denied his motion, purportedly pursuant to CPLR 5015 (a) (1), to vacate a judgment dismissing the complaint.

Before: H. Miller, J.P., Crane, Spolzino and Fisher, JJ., concur.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff's motion to vacate the judgment dismissing his complaint because the record reveals that the dismissal of the complaint was correctly granted on statute of limitations grounds and was not granted on the plaintiff's default.


Summaries of

Haddad v. Worthman

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2004
13 A.D.3d 337 (N.Y. App. Div. 2004)
Case details for

Haddad v. Worthman

Case Details

Full title:ALBERT GOETZ-HADDAD, Appellant, v. STEVEN WORTHMAN, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 6, 2004

Citations

13 A.D.3d 337 (N.Y. App. Div. 2004)
785 N.Y.S.2d 351

Citing Cases

Goetz-Haddad v. Worthman

Decided June 9, 2005. Appeal from 2d Dept: 13 AD3d 337. Motion for leave to appeal dismissed on finality…