Lovario v. Vuotto
| Decision Date | 01 November 1999 |
| Citation | 697 N.Y.S.2d 673,266 A.D.2d 191 |
| Parties | ALBERTO LOVARIO et al., Appellants,<BR>v.<BR>NICOLA VUOTTO, Individually and Doing Business as NICK'S IRON WORKS, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Santucci, J. P., Joy, Friedmann and Goldstein, JJ., concur.
Ordered that the respondents are awarded one bill of costs.
The defendants' demonstration of a valid excuse, based on law office failure, for their default in opposing a prior motion to strike their answer, and their demonstration of the existence of a meritorious defense, were sufficient to warrant an exercise of discretion in their favor (see, CPLR 5015 [a] [1]; 2005; see also, Alliance Prop. Mgt. & Dev. v Andrews Ave. Equities, 70 NY2d 831).
The plaintiffs' remaining contentions are without merit.
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9 cases
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Ragusin v. Gabrielli
...of the property with the worker's employer. See Coppola v. Singer, 211 A.D.2d 744, 621 N.Y.S.2d 924 (2d Dept. 1995); Lovario v. Vuotto, 266 A.D.2d 191, 697N.Y.S.2d 685 (2d Dept. 1999). It is evident that plaintiff has already been compensated by the New York State Workers' Compensation Boar......
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Ciapa v. Misso
...Pritchard Indus., 298 A.D.2d 271, 272, 749 N.Y.S.2d 229;Williams v. Northrup, 270 A.D.2d 806, 807, 705 N.Y.S.2d 756;Lovario v. Vuotto, 266 A.D.2d 191, 192, 697 N.Y.S.2d 685;Kent v. Younis, 265 A.D.2d 889, 889–890, 695 N.Y.S.2d 848). It is well established that “a worker ... who is injured d......
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Crowder v. Leichter
...when those owners are also officers of the corporation that employed her (see, Heritage v Van Patten, 59 N.Y.2d 1017; Lovario v Vuotto, 266 A.D.2d 191, 192; Kent v Younis, 265 A.D.2d 889; Parrinello v Mancuso, 251 A.D.2d 856; Blach v Glabman, 234 A.D.2d 328; Stephan v Stein, 226 A.D.2d 364;......
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Olsen v. Kozlowski
...premises where the accident occurred when the owner is also an officer of the corporation that employed the worker” ( Lovario v. Vuotto, 266 A.D.2d 191, 192, 697 N.Y.S.2d 685;see Kent v. Younis, 265 A.D.2d 889, 890, 695 N.Y.S.2d 848). Although plaintiff met his initial burden on his motion ......
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