OPM GROUP LTD. v. WILLIAMS


29 A.D.3d 354 (2006)

813 N.Y.S.2d 656

OPM GROUP LTD., Appellant, v. ALEJANDRO WILLIAMS, D.D.S., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 9, 2006.


Defendant's attorney represents that a week or two prior to the January 28, 2005 return date of plaintiff's motion for a default judgment, he and plaintiff's attorney orally agreed over the phone to adjourn the return date until March 2, 2005. Plaintiff's attorney admits the phone conversation but represents that the oral agreement was for an extension of defendant's time to answer until February 2, 2005. The motion court granted the motion for a default judgment on default...

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