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City of New York v. Simmonds

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1081 (N.Y. App. Div. 1991)

Opinion

April 26, 1991

Appeal from the Supreme Court, Kings County, Spodek, J.

Present — Doerr, J.P., Boomer, Pine, Lawton and Lowery, JJ.


Order unanimously affirmed with costs. Memorandum: Supreme Court did not abuse its discretion in denying defendants' motion to vacate the default judgment entered against them. The default cannot be considered "excusable" as required by CPLR 5015 (a) (1). Defendants were given a trial date and a five-month adjournment to obtain counsel. They were fully aware that they had to return to court on that date for trial, whether or not they had an attorney to represent them. The court's directives were neither ambiguous nor confusing, as argued by defendants.


Summaries of

City of New York v. Simmonds

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 26, 1991
172 A.D.2d 1081 (N.Y. App. Div. 1991)
Case details for

City of New York v. Simmonds

Case Details

Full title:CITY OF NEW YORK et al., Respondents, v. SUSAN SIMMONDS, Also Known as…

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

Date published: Apr 26, 1991

Citations

172 A.D.2d 1081 (N.Y. App. Div. 1991)
569 N.Y.S.2d 259

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