Dahlem v. Universal School Bus Leasing, Inc.
| Decision Date | 28 December 1970 |
| Parties | John G. DAHLEM et al., Appellants, v. UNIVERSAL SCHOOL BUS LEASING, INC. et al., Defendants, and Rhinebeck Central School District, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Peter L. Maroulis, Poughkeepsie, for appellants.
Miller, Ouimette & Moran, Poughkeepsie, by Kenneth J. Burke, Poughkeepsie, for defendant-respondent.
Before CHRIST, P.J., and MUNDER, MARTUSCELLO, LATHAM and BENJAMIN, JJ.
MEMORANDUM BY THE COURT.
In a negligence action to recover dagames for personal injuries, loss of services, etc., plaintiffs appeal from two orders of the Supreme Court, Dutchess County, the first entered May 11, 1970, which, upon a motion by defendant Rhinebeck Central School District, (1) opened said defendant's default in appearing in the action and answering the complaint and granted it leave to answer, on condition that it pay $250 costs, disbursements and expenses incurred by plaintiffs, and (2) ordered that the interlocutory judgment granted on said default stand as sucurity for such payment, and the second entered September 2, 1970, which, upon subsequent cross motions with respect to said defendant's further default in failing to answer within the time permitted by the first order, extended said defendant's time to serve its answer and demand for a bill of particulars and directed that, in the event said defendant failed to answer within the extended time, plaintiffs were to be granted judgment by default.
Order entered May 11, 1970 affirmed.
Order entered September 2, 1970 affirmed upon the condition hereinafter set forth.
Plaintiffs are awarded $10 costs and disbursements to cover both appeals.
The condition of the affirmance herein of the order entered September 2, 1970 is that, within 10 days after service of a copy of the order entered hereon, with notice of entry, Travelers Insurance Company pay to plaintiffs at the office of plaintiffs' attorney the costs and disbursements hereinabove awarded to plaintiffs plus $250 additionally as counsel fees for the prosecution of these appeals.
Plaintiffs' attorney served defendant Rhinebeck Central School District with the summons and complaint on February 4, 1969. By letter dated February 19, 1969, the school district's insurance carrier, Travelers Insurance Company, acknowledged receipt of the summons and complaint and requested an extension of time in which to appear until 10 days following plaintiffs' attorney's ...
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...in the balance is our strong public policy that actions be disposed of on the merits (see, e.g., Dahlem v. Universal School Bus Leasing, 35 A.D.2d 992, 993, 318 N.Y.S.2d 117, 119). Here, the action apparently has merit; the injury is serious; the delay was not protracted; the default was no......
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Morris Oil Services, Inc. v. Bergman
...the instant appeal, the imposition of costs and disbursements to date and attorney fees is warranted (see Dahlem v. Universal School Bus Leasing, 35 A.D.2d 992, 318 N.Y.S.2d 117; Maglieri v. Saks, 33 A.D.2d 898, 306 N.Y.S.2d 479; Siegel, Supplementary Practice Commentary on CPLR 3042, in Mc......
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Schupak, Rosenfeld and Fischbein v. Campanelli Industries, Inc.
...nonetheless it is the strong policy of our courts to permit actions to be decided on the merits (Dahlem v. Universal School Bus Leasing, Inc., 35 A.D.2d 992, 318 N.Y.S.2d 117). Under the circumstances, we find that Special Term providently exercised its discretion in vacating the ...