Q.P.I. Restaurants Ltd. v. Slevin
Cases that cite this one
8 later published cases cite this decision.
- Wrye v. Ciba-Geigy Corp. (Appellate Division of the Supreme Court of New York 1983)
- Strasser v. Pendino (Appellate Division of the Supreme Court of New York 1983)
- Justus v. Justus (Appellate Division of the Supreme Court of New York 1983)
- Salvagne v. Transamerica Insurance (Appellate Division of the Supreme Court of New York 1983)
- Q.P.I. Restaurants v. Slevin (Appellate Division of the Supreme Court of New York 1983)
- Landis v. Weiss (Appellate Division of the Supreme Court of New York 1983)
- Berlin v. New Hope Holiness Church of God, Inc. (Appellate Division of the Supreme Court of New York 1983)
- Klein v. Actors & Directors Lab (Appellate Division of the Supreme Court of New York 1983)
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
OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, motion to vacate the default judgment denied and matter remitted to the Appellate Division, First Department, for consideration of the issues not already passed upon by that court. Question certified answered in the affirmative. The Appellate Division abused its discretion as a matter of law in conditionally vacating the default judgment taken against defendants as a consequence of their failure to answer, for which the only excuse offered was law office failure (Eaton v Equitable Life Assur. Soc. of U. S., 56 NY2d 900).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.