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222 First Ave. Realty v. Vijax Fuel Oil Corp.

Appellate Division of the Supreme Court of New York, First Department
Mar 14, 1995
213 A.D.2d 238 (N.Y. App. Div. 1995)

Opinion

March 14, 1995

Appeal from the Supreme Court, New York County (Walter Schackman, J.).


The Special Referee's finding that service was properly made on appellant turned largely on the credibility of witnesses and has support in the record. That the various parties were pursuing their interests in the Federal action involving the same issues was "sufficient cause" for plaintiff's delay for more than a year in moving for a default judgment (CPLR 3215 [c]; cf., Ingenito v Grumman Corp., 192 A.D.2d 509, 510-511). Appellant's contention that plaintiff waited too long to move for entry of a default judgment after learning that it would not be permitted to intervene in the Federal action is not adequately preserved for appellate review.

Concur — Kupferman, J.P., Ross, Asch, Nardelli and Mazzarelli, JJ.


Summaries of

222 First Ave. Realty v. Vijax Fuel Oil Corp.

Appellate Division of the Supreme Court of New York, First Department
Mar 14, 1995
213 A.D.2d 238 (N.Y. App. Div. 1995)
Case details for

222 First Ave. Realty v. Vijax Fuel Oil Corp.

Case Details

Full title:222 FIRST AVENUE REALTY, INC., et al., Plaintiffs, and 220 FIRST AVENUE…

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

Date published: Mar 14, 1995

Citations

213 A.D.2d 238 (N.Y. App. Div. 1995)
623 N.Y.S.2d 250

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