Tragni v. Tragni
Cases that cite this one
14 later published cases cite this decision.
- Foley Inc. v. Metropolis Superstructures, Inc. (Appellate Division of the Supreme Court of New York 2015)
- HSBC Bank USA, N.A. v. Haylett (Appellate Division of the Supreme Court of New York 2021)
- U.S. Bank Natl. Assn. v. Dickenson (Appellate Division of the Supreme Court of New York 2019)
- Notaro v. Performance Team (Appellate Division of the Supreme Court of New York 2018)
- In re 542 A Realty, LLC (Appellate Division of the Supreme Court of New York 2014)
- In re 542 A Realty, LLC (Appellate Division of the Supreme Court of New York 2014)
- Rosas v. Stieg (Appellate Division of the Supreme Court of New York 2013)
- Rosas v. Stieg (Appellate Division of the Supreme Court of New York 2013)
- Pavlou v. Associates Food Stores, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Pavlou v. Associates Food Stores, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Vasquez v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2012)
- Vasquez v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2012)
- Bonik v. Tarrabocchia (Appellate Division of the Supreme Court of New York 2010)
- Hall Dickler Kent Goldstein & Wood, LLP v. McCormick (Appellate Division of the Supreme Court of New York 2007)
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
Ordered that the appeals from the orders are dismissed; and it is further,
Ordered that the judgment is reversed, on the law, that branch of the defendant’s motion which was to vacate the order entered March 10, 2004 is granted, the order entered March 10, 2004 is vacated, the plaintiffs’ motion for summary judgment on the issue of damages is denied, and the orders entered April 22, 2004 and June 25, 2004 are modified accordingly; and it is further,
Ordered that one bill of costs is awarded to the defendant.
The appeals from the intermediate orders must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on appeal from the orders are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]).
Ordinarily, where a court grants judgment to a plaintiff pursuant to 22 NYCRR 202.27 (a) based upon a defendant’s default in appearing at a conference, the default may be vacated only if the defendant can demonstrate both a reasonable excuse for the default in appearing and a meritorious defense (see Bloom v Primus Automotive Fin. Servs., 292 AD2d 410 [2002]; Lopez v Imperial Delivery Serv., 282 AD2d 190, 197 [2001]). In this case, however, the attorney for the defendant never received actual
Accordingly, the Supreme Court erroneously denied the defendant’s motion to vacate the order entered March 10, 2004. Prudenti, P.J., Florio, Crane and Lifson, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.