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Truong v. All Pro Air Delivery

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 2000
278 A.D.2d 45 (N.Y. App. Div. 2000)

Opinion

December 7, 2000.

Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about March 15, 2000, which, to the extent appealed from, denied that branch of defendants' motion seeking dismissal of the complaint pursuant to CPLR 3215(c), unanimously affirmed, without costs.

Robert Cini, for plaintiff-respondent.

Marcy Sonneborn, for defendants-appellants.

Before: Rosenberger, J.P., Williams, Andrias, Buckley, Friedman, JJ.


Although plaintiff failed to move for entry of a default judgment within the one year, dismissal of the complaint pursuant to CPLR 2315(c) was properly denied upon plaintiff's showing of a reasonable excuse for its delay and a meritorious cause of action (see, Lavalle v. Astoria Constr. Paving Co., 266 A.D.2d 28).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Truong v. All Pro Air Delivery

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 2000
278 A.D.2d 45 (N.Y. App. Div. 2000)
Case details for

Truong v. All Pro Air Delivery

Case Details

Full title:THANH P. TRUONG, PLAINTIFF-RESPONDENT, v. ALL PRO AIR DELIVERY, INC., ET…

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

Date published: Dec 7, 2000

Citations

278 A.D.2d 45 (N.Y. App. Div. 2000)
717 N.Y.S.2d 169

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