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Di Carlo v. Bravo Tours, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1987
129 A.D.2d 552 (N.Y. App. Div. 1987)

Opinion

April 6, 1987

Appeal from the Supreme Court, Putnam County (Owen, J.).


Ordered that the order is reversed, with costs, the motion is granted, the default judgment is vacated and the plaintiffs' complaint is dismissed insofar as it is asserted against the defendant Spantax Airlines.

The plaintiffs failed to take proceedings for the entry of a judgment within one year after the default of the defendant Spantax Airlines and there is no excuse provided for this failure. Furthermore, there was no demonstrated merit to the plaintiffs' action as against Spantax Airlines. Therefore, the complaint should be dismissed insofar as it is asserted against Spantax Airlines (see, CPLR 3215 [c]; Baldwin v St. Clare's Hosp., 63 A.D.2d 761). Brown, J.P., Niehoff, Eiber and Sullivan, JJ., concur.


Summaries of

Di Carlo v. Bravo Tours, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Apr 6, 1987
129 A.D.2d 552 (N.Y. App. Div. 1987)
Case details for

Di Carlo v. Bravo Tours, Inc.

Case Details

Full title:LOUIS DI CARLO et al., Respondents, v. BRAVO TOURS, INC., et al.…

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

Date published: Apr 6, 1987

Citations

129 A.D.2d 552 (N.Y. App. Div. 1987)

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