Opinion · Appellate Division of the Supreme Court of the State of New York
Cohen v. Ryan
Cohen v. Ryan, 34 A.D.2d 789 (Appellate Division of the Supreme Court of the State of New York 1970)
- Type
- Opinion
- Court
- Appellate Division of the Supreme Court of the State of New York
- Jurisdiction
- New York
- Date
- 1970-05-11
- Topic
- general
In an action for breach of contract to recover attorney’s fees, defendants appeal from an order of the Supreme Court, Nassau County, entered June 19, 1969, which denied their motion (1) to vacate two default judgments and (2) for leave to interpose an answer. Order reversed, with $10 costs and disbursements, motion to vacate judgments granted and leave granted to interpose an answer within 20 days after entry of the order hereon. After service of a summons with notice, the plaintiff filed a verified complaint with the clerk of the court obtaining default judgments on the grounds of defendants’ failure to appear. Within 20 days *790of service of the summons, one of the defendants wrote a letter to the plaintiff requesting “ an extension of time in writing.” We 'believe defendants’ letter constituted an appearance (see Basch v. Saftler, 207 Misc. 1051; Edwards v.
Citator
UpLaw has not yet analyzed Cohen v. Ryan. The absence of a flag is not a finding that it is good law.
- Cited by
- 33 opinions
In an action for breach of contract to recover attorney’s fees, defendants appeal from an order of the Supreme Court, Nassau County, entered June 19, 1969, which denied their motion (1) to vacate two default judgments and (2) for leave to interpose an answer. Order reversed, with $10 costs and disbursements, motion to vacate judgments granted and leave granted to interpose an answer within 20 days after entry of the order hereon. After service of a summons with notice, the plaintiff filed a verified complaint with the clerk of the court obtaining default judgments on the grounds of defendants’ failure to appear. Within 20 days