Daimler's motion to vacate the order entered on its default in opposing plaintiff's summary judgment motion was properly denied since Daimler did not move within one year of being served with the prior order and notice of its entry (see CPLR 5015[a][1]; Vaca v Village View Hous. Corp., 170 A.D.3d 619, 620 [1st Dept 2019]). Nor did Daimler present a valid excuse for its failure to do so within the prescribed time limitation (see Rosendale v Aramian,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
CARTER v. DAIMLER TRUST
10413N. 161730/15.
177 A.D.3d 541 (2019)
110 N.Y.S.3d 841
2019 NY Slip Op 08497
Keith E. Carter, Respondent, v. Daimler Trust, Appellant, et al., Defendant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided November 21, 2019.
Decided November 21, 2019.
Appellate Division of the Supreme Court of New York, First Department.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
- No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.
