Rugieri v. Bannister
Cases that cite this one
41 later published cases cite this decision. The 25 that cite it most often are listed here.
- Aguilar v. Jacoby (Appellate Division of the Supreme Court of New York 2006)
- People v. Portis (Appellate Division of the Supreme Court of New York 2024)
- People v. Bauza (Appellate Division of the Supreme Court of New York 2024)
- People v. Williams (Appellate Division of the Supreme Court of New York 2024)
- People v. Truax (Appellate Division of the Supreme Court of New York 2024)
- People v. Townsend (Appellate Division of the Supreme Court of New York 2024)
- People v. Sapp (Appellate Division of the Supreme Court of New York 2024)
- People v. Fruster (Appellate Division of the Supreme Court of New York 2024)
- People v. Manning (Appellate Division of the Supreme Court of New York 2024)
- People v. Lathrop (Appellate Division of the Supreme Court of New York 2024)
- People v. Shaw (Appellate Division of the Supreme Court of New York 2024)
- People v. Moore (Appellate Division of the Supreme Court of New York 2024)
- People v. Bell (Appellate Division of the Supreme Court of New York 2024)
- People v. Wright (Appellate Division of the Supreme Court of New York 2023)
- People v. Jacque-Crews (Appellate Division of the Supreme Court of New York 2023)
- People v. Ross (Appellate Division of the Supreme Court of New York 2023)
- People v. Hall (Appellate Division of the Supreme Court of New York 2023)
- People v. Maddox (Appellate Division of the Supreme Court of New York 2023)
- People v. Ocasio (Appellate Division of the Supreme Court of New York 2023)
- People v. Nixon (Appellate Division of the Supreme Court of New York 2023)
- People v. Clinton (Appellate Division of the Supreme Court of New York 2023)
- Hamilton v. Basketball City N.Y. LLC (Appellate Division of the Supreme Court of New York 2022)
- HSBC Bank USA, N.A. v. Fortini (Appellate Division of the Supreme Court of New York 2020)
- Toos v. Leggiadro International, Inc. (Appellate Division of the Supreme Court of New York 2014)
- Toos v. Leggiadro International, Inc. (Appellate Division of the Supreme Court of New York 2014)
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
Memorandum.
The order of the Appellate Division should be modified, with costs to defendant Cheek against the plaintiffs, by granting defendant Cheek’s motion for summary judgment dismissing the complaint as against her and, as modified, affirmed, with costs to the plaintiffs against the Bannister defendants. The certified question should be answered in the negative.
Because plaintiffs did not establish a triable issue of fact regarding defendant Leann Cheek’s alleged negligence, the *744 Appellate Division erred in reversing Supreme Court’s grant of Cheek’s motion for summary judgment. The Appellate Division, however, did not abuse its discretion in vacating the judgments and reinstating the complaint as against the Bannister defendants since plaintiffs proffered a reasonable excuse for their default and facts indicating a meritorious cause of action (see CPLR 5015 [a] [1]; Alliance Prop. Mgt. & Dev. v Andrews Ave. Equities, 70 NY2d 831, 832-833 [1987]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]). On remittal to Supreme Court, the parties are left to litigate the motion pending at the time the default judgment was entered.
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.