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Giammatteo v. Ortgies

Appellate Division of the Supreme Court of New York, Third Department
Mar 28, 1966
25 A.D.2d 702 (N.Y. App. Div. 1966)

Opinion

March 28, 1966


MEMORANDUM BY THE COURT. In an automobile negligence action to recover for personal injuries and property damage defendant appeals from that part of an order of the Supreme Court at Special Term which set aside its prior order entered upon plaintiff's default in appearing. Appellant's contentions with respect to the insufficiency of plaintiff's moving papers are correct and must be sustained. Order reversed, on the law and the facts, and in the exercise of discretion, without costs, and motion denied without prejudice, however, to an application by plaintiff to be relieved of his default pursuant to CPLR 5015 upon a proper showing of the circumstances relied upon to explain the default and the merit of his cause of action. Settle order on notice. Gibson, P.J., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.


Summaries of

Giammatteo v. Ortgies

Appellate Division of the Supreme Court of New York, Third Department
Mar 28, 1966
25 A.D.2d 702 (N.Y. App. Div. 1966)
Case details for

Giammatteo v. Ortgies

Case Details

Full title:PETER A. GIAMMATTEO, Respondent, v. JOHN F. ORTGIES, Appellant

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

Date published: Mar 28, 1966

Citations

25 A.D.2d 702 (N.Y. App. Div. 1966)