RIVERA v. LAPORTE


120 Misc.2d 733 (1983)

Luis M. Rivera, Plaintiff, v. Evangelio Laporte, Individually and as a Correction Officer of the City of New York, et al., Defendants.

Supreme Court, Special Term, New York County.

August 17, 1983


Attorney(s) appearing for the Case

Levy, Gutman, Goldberg & Kaplan (Robin J. Arzt of counsel), for plaintiff.


MARTIN EVANS, J.

This deceptively simple motion for a default judgment, itself submitted on default, requires that the court reassess the notice requirements for entry of a default judgment under CPLR 3215. The motion raises constitutional questions of first impression.

Plaintiff Rivera, a bus dispatcher, sues Laporte, a correction officer, Colon, a former correction officer, and the City of New York for assault and battery, false arrest and imprisonment...

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