From Casetext: Smarter Legal Research

Collins v. Bertram Yacht Corp.

Court of Appeals of the State of New York
Oct 4, 1977
42 N.Y.2d 1033 (N.Y. 1977)

Opinion

Argued September 1, 1977

Decided October 4, 1977

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ABRAHAM J. GELLINOFF, J.

Donald E. Byrne for appellant.

Allen N. Ross for respondent.


MEMORANDUM.

Order affirmed. The grant of summary judgment, "`the procedural equivalent of a trial'" (Capelin Assoc. v Globe Mfg. Co., 34 N.Y.2d 338, 341; Falk v Goodman, 7 N.Y.2d 87, 91), results in a final judgment on the merits, which bars another action between the same parties based upon the same cause of action (Dye v Lincoln First Bank of Rochester, 38 N.Y.2d 769, 771; 6 Carmody-Wait 2d, N Y Prac, § 39:39, p 492). On this record, we cannot say that the Appellate Division's denial of the plaintiff's application to vacate the judgment entered after plaintiff's default on the summary judgment motion constituted an abuse of discretion (see Hitchcock v Peaslee, 145 N.Y. 547; Williams v Montgomery, 60 N.Y. 648; Cohen and Karger, Powers of the New York Court of Appeals, § 151, p 596).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Order affirmed, with costs, in a memorandum.


Summaries of

Collins v. Bertram Yacht Corp.

Court of Appeals of the State of New York
Oct 4, 1977
42 N.Y.2d 1033 (N.Y. 1977)
Case details for

Collins v. Bertram Yacht Corp.

Case Details

Full title:KEVIN J. COLLINS, Appellant, v. BERTRAM YACHT CORP., A Division of…

Court:Court of Appeals of the State of New York

Date published: Oct 4, 1977

Citations

42 N.Y.2d 1033 (N.Y. 1977)
399 N.Y.S.2d 202
369 N.E.2d 758

Citing Cases

Weir v. Montefiore Med. Ctr.

To begin, the dismissal of Weir II on summary judgment was done on the merits, by a court of competent…

Wadler v. City of New York

CPLR 3025(b) permits a party to amend his pleadings "at any time by leave of court," and requires that…