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Wimpy's Collision Works, Ltd. v. Miceli

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1985
108 A.D.2d 854 (N.Y. App. Div. 1985)

Opinion

February 19, 1985

Appeal from the Supreme Court, Queens County (Kassoff, J.).


Order affirmed, with costs.

While courts possess inherent discretionary power to open judgments and relieve defaults in the interest of justice ( see, Machnick Bldrs. v Grand Union Co., 52 A.D.2d 655), that interest does not warrant such relief in the instant case. Special Term properly concluded that defendant was bound by the terms of a stipulation entered in open court with respect to the last adjourned date (CPLR 2104; Zioncheck v Zioncheck, 99 A.D.2d 563). Gibbons, J.P., Thompson, Weinstein and Brown, JJ., concur.


Summaries of

Wimpy's Collision Works, Ltd. v. Miceli

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1985
108 A.D.2d 854 (N.Y. App. Div. 1985)
Case details for

Wimpy's Collision Works, Ltd. v. Miceli

Case Details

Full title:WIMPY'S COLLISION WORKS, LTD., Respondent, v. MARIO MICELI, Appellant

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

Date published: Feb 19, 1985

Citations

108 A.D.2d 854 (N.Y. App. Div. 1985)

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