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Tortorello v. Carlin

Appellate Division of the Supreme Court of New York, First Department
Sep 20, 2001
286 A.D.2d 628 (N.Y. App. Div. 2001)

Opinion

September 20, 2001.

Order, Supreme Court, New York County (Louis York, J.), entered on or about July 17, 2000, denying plaintiff's motion to vacate two defaults, unanimously affirmed, with costs.

Before: Sullivan, P.J. Mazzarelli, Ellerin, Wallach and Lerner, JJ.


In these now consolidated actions, in which plaintiff sues for legal malpractice and defendant attorneys sue plaintiff for attorneys's default and defendants obtained a judgment entitling them to attorneys's motion to vacate her defaults was properly denied in view of her failure to demonstrate reasonable excuses therefor and that her malpractice claims and her opposition to defendants' claim for attorneys' fees possess merit (see, Eisenstein v. Rose, 135 A.D.2d 369). The denial of vacatur is particularly appropriate since the record discloses that plaintiff and her attorney have during this protracted litigation consistently neglected and disregarded court directives (see, Hartwich v. Young, 149 A.D.2d 769) and vacatur of plaintiff's defaults after such protracted litigation would result in substantial prejudice to defendants.

This constitutes the decision and order of the Supreme Court, Appellate Division, First Department.


Summaries of

Tortorello v. Carlin

Appellate Division of the Supreme Court of New York, First Department
Sep 20, 2001
286 A.D.2d 628 (N.Y. App. Div. 2001)
Case details for

Tortorello v. Carlin

Case Details

Full title:MARGARET TORTORELLO, Plaintiff-Appellant, v. LARRY M. CARLIN…

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

Date published: Sep 20, 2001

Citations

286 A.D.2d 628 (N.Y. App. Div. 2001)
730 N.Y.S.2d 228

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