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Galanter v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1967
28 A.D.2d 1007 (N.Y. App. Div. 1967)

Opinion

October 30, 1967


In an action to recover damages for personal injury, plaintiff appeals from an order of the Supreme Court, Queens County, dated March 21, 1967, made on resettlement, which granted defendant's motion to vacate a judgment in the sum of $130,202.35 entered against defendant by default on September 20, 1966 after an assessment of damages by the court. Order affirmed, with $20 costs and disbursements. The time to serve a copy of plaintiff's complaint, as provided in the order, is extended until 20 days after service of a copy of the order to be made hereon. In our opinion, the Special Term did not abuse its discretion in granting the motion without terms. Under the circumstances presented, the precipitate action of plaintiff in entering the default judgment was unwarranted. Beldock, P.J., Christ, Brennan, Hopkins and Munder, JJ., concur.


Summaries of

Galanter v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Oct 30, 1967
28 A.D.2d 1007 (N.Y. App. Div. 1967)
Case details for

Galanter v. Gordon

Case Details

Full title:JACOB GALANTER, Appellant, v. JAMES S. GORDON, Respondent

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

Date published: Oct 30, 1967

Citations

28 A.D.2d 1007 (N.Y. App. Div. 1967)

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