Gray v. B. R. Trucking Co.
Cases that cite this one
72 later published cases cite this decision. The 25 that cite it most often are listed here.
- Stravitz v. City of New York (New York Supreme Court, New York County 2025)
- JG Group Holdings LLC v. Kahlon (New York Supreme Court, New York County 2025)
- Bailey v. 477 Madave Holdings LLC (New York Supreme Court, New York County 2024)
- Rekhtman v. Clarendon Holding Co., Inc. (Appellate Division of the Supreme Court of New York 2018)
- Hillwick, Inc. v. Advanced Ready Mix Supply Corp. (Appellate Division of the Supreme Court of New York 2015)
- Hill v. Stone (Appellate Division of the Supreme Court of New York 2014)
- Hill v. Stone (Appellate Division of the Supreme Court of New York 2014)
- Dela Cruz v. Keter Residence, LLC (Appellate Division of the Supreme Court of New York 2014)
- Dela Cruz v. Keter Residence, LLC (Appellate Division of the Supreme Court of New York 2014)
- Farm Credit Leasing Services Corp. v. Rubashkin (Appellate Division of the Supreme Court of New York 2013)
- Farm Credit Leasing Services Corp. v. Rubashkin (Appellate Division of the Supreme Court of New York 2013)
- Trepel v. Greenman-Pedersen, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Trepel v. Greenman-Pedersen, Inc. (Appellate Division of the Supreme Court of New York 2012)
- Stephan B. Gleich & Associates v. Gritsipis (Appellate Division of the Supreme Court of New York 2011)
- Borrie v. County of Suffolk (Appellate Division of the Supreme Court of New York 2011)
- Pursoo v. Ngala-El (Appellate Division of the Supreme Court of New York 2011)
- Gartner v. Unified Windows, Doors & Siding, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Yao Ping Tang v. Grand Estate, LLC (Appellate Division of the Supreme Court of New York 2010)
- Valiotis v. Psaroudis (Appellate Division of the Supreme Court of New York 2010)
- O'Donnell v. Frangakis (Appellate Division of the Supreme Court of New York 2010)
- 393 Lefferts Partners, LLC v. New York Avenue at Lefferts, LLC (Appellate Division of the Supreme Court of New York 2009)
- Lauer v. City of Buffalo (Appellate Division of the Supreme Court of New York 2008)
- Gomez v. Queens Van Plan, Inc. (Appellate Division of the Supreme Court of New York 2007)
- Canty v. Gregory (Appellate Division of the Supreme Court of New York 2007)
- Dorrer v. Berry (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
OPINION OF THE COURT
Memorandum.
On plaintiffs’ appeal the order of the Appellate Division should be reversed, defendant’s motion to vacate the de
Defendant’s moving papers fail to demonstrate an acceptable excuse for its delay in appearing and answering plaintiffs’ complaint and a meritorious defense to the action. It was error, therefore, to vacate its default (see Eaton v Equitable Life Assur. Soc. of U. S., 56 NY2d 900).
The summons and complaint were served on defendant on August 4,1981 and he promptly delivered the papers.to his personal attorneys who, in turn, delivered them to defendant’s insurance carrier. The carrier then delivered the papers to its counsel. Notwithstanding the insured’s prompt action, counsel failed to serve a notice of appearance or an answer to the complaint until after plaintiff entered a default judgment in January, 1982. During the period defense counsel did attempt to extend the time to appear by unilaterally serving a stipulation on plaintiff’s counsel on October 8,1981, but the stipulation was refused and it cannot serve as an appearance to extend defendant’s time to appear or avoid its default. Moreover, the only “defense” alleged by counsel retained to represent defendant is that there may be a question of coverage on the claim. That defense does not relate to the merits of the main action and is legally insufficient on this motion.
Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur in memorandum.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]):
On plaintiffs’ appeal: Order reversed, with costs, defendant’s motion to vacate the default denied and question certified answered in the affirmative.
On defendant’s cross appeal: Cross appeal dismissed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.