Appellate Division of the Supreme Court of New York, 2002

Gavalas v. Podelson

Appellate Division of the Supreme Court of New York · Decided September 17, 2002

297 A.D.2d 535; 746 N.Y.2d 902; 746 N.Y.S.2d 902; 2002 N.Y. App. Div. LEXIS 8378

Cases that cite this one

2 later published cases cite this decision.

Selective Auto Ins. Company of N.J. v. Nesbitt (Appellate Division of the Supreme Court of New York 2018)
Utak v. Commerce Bank Inc. (Appellate Division of the Supreme Court of New York 2011)

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

*536A default judgment was not pursued within one year of the defendants-appellants’ failure to respond to plaintiffs summons with notice. Thereafter, in response to defendants-appellants’ resulting motion to dismiss, the standard was not met pursuant to CPLR 3215 (c). Therefore, the Supreme Court should have granted defendants-appellants’ motion and dismissed the underlying action insofar as asserted against them (see Hoppenfeld v Hoppenfeld, 220 AD2d 302; contrast Truong v All Pro Air Delivery, 278 AD2d 45). Concur — Nardelli, J.P., Mazzarelli, Sullivan, Rosenberger and Marlow, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.