Di Carlo v. Bravo Tours, Inc.
Cases that cite this one
4 later published cases cite this decision.
- Giglio v. NTIMP Inc. (Appellate Division of the Supreme Court of New York 2011)
- Williams v. Colonial Transit, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Keen v. Keen (Appellate Division of the Supreme Court of New York 1988)
- Rendelman v. Southside Hospital (Appellate Division of the Supreme Court of New York 1988)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action, inter alia, to recover damages for breach of contract, the defendant Spantax Airlines appeals from an order of the Supreme Court, Putnam County (Owen, J.), entered May 28, 1986, which denied its motion to vacate a default judgment of the same court entered October 28, 1985 against it.
Ordered that the order is reversed, with costs, the motion is granted, the default judgment is vacated and the plaintiffs’ complaint is dismissed insofar as it is asserted against the defendant Spantax Airlines.
The plaintiffs failed to take proceedings for the entry of a judgment within one year after the default of the defendant Spantax Airlines and there is no excuse provided for this failure. Furthermore, there was no demonstrated merit to the plaintiffs’ action as against Spantax Airlines. Therefore, the complaint should be dismissed insofar as it is asserted against Spantax Airlines (see, CPLR 3215 [c]; Baldwin v St. Clare’s Hosp., 63 AD2d 761). Brown, J. P., Niehoff, Eiber and Sullivan, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.