Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

JERRY EADERESTO, plf-res, v. 22 LEROY OWNERS CORP def-ap

8749. JERRY EADERESTO, plf-res, v. 22 LEROY OWNERS CORP def-ap — Flynn, Gibbons & Dowd, New York (Lawrence A. Doris of counsel), for ap — Pollack, Pollack, Isaac & DeCicco, New York (Jillian Rosen of counsel), for res — Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered March 21, 2012, which denied defendants' motion to vacate a selfexecuting order of preclusion against them, and for summary judgment dismissing the complaint, unanimously modified, on the law, to the extent of vacating the preclusion order, and otherwise affirmed, without costs.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

8749. JERRY EADERESTO, plf-res, v. 22 LEROY OWNERS CORP def-ap — Flynn, Gibbons & Dowd, New York (Lawrence A. Doris of counsel), for ap — Pollack, Pollack, Isaac & DeCicco, New York (Jillian Rosen of counsel), for res — Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered March 21, 2012, which denied defendants’ motion to vacate a selfexecuting order of preclusion against them, and for summary judgment dismissing the complaint, unanimously modified, on the law, to the extent of vacating the preclusion order, and otherwise affirmed, without costs.

The motion court erred in denying that part of defendants’ motion to vacate the self-executing preclusion order (see generally Gibbs v. St. Barnabas Hosp., 16 NY3d 74, 80 [2010]). The record shows that defendants provided a reasonable excuse for their default and subsequent 45-day delay in complying with the order, as the handling attorney in a two-partner firm had been stricken with a serious illness. Defendants also demonstrated a meritorious defense to the action by presenting evidence that plaintiff remained in the shower in defendants’ building despite knowing that the water was too hot.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs