Appellate Division of the Supreme Court of New York, 2006

Radish v. Rodriguez

Appellate Division of the Supreme Court of New York · Decided July 11, 2006

31 A.D.3d 524; 817 N.Y.S.2d 521

Cases that cite this one

1 later published case cites this decision.

DuBois v. Roslyn National Mortgage Corp. (Appellate Division of the Supreme Court of New York 2008)

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 to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated September 14, 2005, which granted the plaintiffs motion for leave to enter judgment upon their default in answering, and denied their cross motion pursuant to CPLR 3215 (c) to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and the complaint is dismissed.

*525Given the plaintiff’s failure to present evidence of a viable cause of action, the court should have denied the plaintiffs motion for leave to enter judgment upon the defendants’ default (see CPLR 3215 [f]; Beaton v Transit Facility Corp., 14 AD3d 637 [2005]), and granted the defendants’ cross motion to dismiss the complaint (see CPLR 3215 [c]; Piccirillo v Greenspan, 291 AD2d 486, 486-487 [2002]; Akler v Booth Mem. Med. Ctr., 257 AD2d 640, 641 [1999]). Miller, J.P., Ritter, Luciano, Spolzino and Dillon, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.