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Deickler v. Baecher

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 1979
67 A.D.2d 661 (N.Y. App. Div. 1979)

Opinion

January 8, 1979


In an action to recover a real estate broker's commission, in which a judgment in favor of plaintiff and against defendant Elizabeth Baecher was entered on default, said defendant appeals from (1) an order of the Supreme Court, Westchester County, dated November 21, 1977, which denied her motion to vacate the default judgment and (2) a further order of the same court, dated January 19, 1978, which treated her motion "renewing the Order of November 21, 1977 and/or permitting reargument of same" as one for reargument and denied it (we deem said motion to have been one for renewal). Order dated January 19, 1978 reversed, without costs or disbursements, and motion to renew granted; upon renewal, order dated November 21, 1977 reversed, without costs or disbursements, and motion to vacate granted, with the judgment to stand as security. Appellant's time to answer is extended until 20 days after entry of the order to be made hereon. Under the facts of this case, the motion to vacate should be granted with the judgment to stand as security (see Thornlow v. Long Is. R.R. Co., 33 A.D.2d 1027; Mindy's Wine Cellar v. American Foreign Ins. Co., 51 A.D.2d 650; Capellino Abattoir, Inc. v. Lieberman, 59 A.D.2d 986; Matter of Dowling v. Bowen, 53 A.D.2d 862; Coletto v Bimco Ind., 54 A.D.2d 955). O'Connor, J.P., Shapiro, Cohalan and Margett, JJ., concur.


Summaries of

Deickler v. Baecher

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 1979
67 A.D.2d 661 (N.Y. App. Div. 1979)
Case details for

Deickler v. Baecher

Case Details

Full title:R. BARRY DEICKLER, Respondent, v. JOHN BAECHER, Defendant, and ELIZABETH…

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

Date published: Jan 8, 1979

Citations

67 A.D.2d 661 (N.Y. App. Div. 1979)