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Icon Equipment Distributors, Inc. v. Gordon Environmental & Mechanical Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 30, 2000
272 A.D.2d 579 (N.Y. App. Div. 2000)

Summary

In Icon Equipment v. Gordon Environmental, 272 A.D.2d 579 (2d Dept. 2000), the Second Department rejected appellant's contention that plaintiff had abandoned its action where, within one year of appellant's default, plaintiff filed a notice of pendency with the Kings County Clerk and moved for a severance and transfer of the action from Richmond County to Kings County.

Summary of this case from NARA BANK v. L.I. FINE ANTIQUE GALLERY, INC.

Opinion

May 30, 2000

In an action, inter alia, to foreclose a mechanic's lien, the defendant Gurpal Cheema appeals from an order of the Supreme Court, Kings County (Jackson, J.), dated May 7, 1999, which denied his motion, among other things, to vacate his default in answering and, pursuant to CPLR 3215(c), to dismiss the complaint as abandoned.

Before: Mangano, P. J., Santucci, Krausman, Florio and Schmidt, JJ.,


Ordered that the order is affirmed, with costs.

After a hearing on the issue of service of process, it was determined that the summons and complaint were properly served upon the appellant Gurpal Cheema pursuant to CPLR 308(1). In the absence of a showing of improper service or a meritorious excuse for the default, the appellant's motion to vacate his default in answering the summons and complaint was properly denied ( see, CPLR 5015[a][1], [4]).

Moreover, contrary to the appellant's contention, the plaintiff did not abandon the action. Within one year of the appellant's default, the plaintiff filed a notice of pendency with the Kings County Clerk and moved for a severance and a transfer of this action from Richmond County to Kings County ( see, Home Say. v. Gkanios, 230 A.D.2d 770, 771; Patterson v. Patterson, 220 A.D.2d 731, 732; Ingenito v. Grumman Corp., 192 A.D.2d 509, 510-511).


Summaries of

Icon Equipment Distributors, Inc. v. Gordon Environmental & Mechanical Corp.

Appellate Division of the Supreme Court of New York, Second Department
May 30, 2000
272 A.D.2d 579 (N.Y. App. Div. 2000)

In Icon Equipment v. Gordon Environmental, 272 A.D.2d 579 (2d Dept. 2000), the Second Department rejected appellant's contention that plaintiff had abandoned its action where, within one year of appellant's default, plaintiff filed a notice of pendency with the Kings County Clerk and moved for a severance and transfer of the action from Richmond County to Kings County.

Summary of this case from NARA BANK v. L.I. FINE ANTIQUE GALLERY, INC.
Case details for

Icon Equipment Distributors, Inc. v. Gordon Environmental & Mechanical Corp.

Case Details

Full title:ICON EQUIPMENT DISTRIBUTORS, INC., Respondent, v. GORDON ENVIRONMENTAL…

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

Date published: May 30, 2000

Citations

272 A.D.2d 579 (N.Y. App. Div. 2000)
709 N.Y.S.2d 426

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