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Bellevue-Santiago v. City Ready Mix, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 2000
270 A.D.2d 441 (N.Y. App. Div. 2000)

Opinion

Submitted February 16, 2000.

March 27, 2000.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Rappaport, J.), dated April 13, 1999, as, in effect, granted that branch of the defendants' motion which was to vacate a prior order of the same court, dated February 25, 1999, striking so much of the answer as was asserted on behalf of the defendant Alvin Nicholson.

Block Associates, New York, N.Y. (Michael J. Wells of counsel), for appellants.

Tromello Siegel, New York, N.Y. (Daniel D. McLaughlin of counsel), for respondents.

Before: LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The grounds for vacatur delineated in CPLR 5015(a) are not exclusive, and the Supreme Court has the inherent authority to vacate its own order "for sufficient reason, in the furtherance of justice" (Ladd v. Stevenson, 112 N.Y. 325, 332 ; see, State of New York v. Kama, 267 A.D.2d 225 [2d Dept., Dec. 6, 1999]; 56 Marquis v. Mosello, 239 A.D.2d 544 ; Matter of Delfin A., 123 A.D.2d 318 ). Here, the court providently exercised its discretion in vacating its prior order.


Summaries of

Bellevue-Santiago v. City Ready Mix, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 27, 2000
270 A.D.2d 441 (N.Y. App. Div. 2000)
Case details for

Bellevue-Santiago v. City Ready Mix, Inc.

Case Details

Full title:MARTINA BELLEVUE-SANTIAGO, et al., Appellants, v. CITY READY MIX, INC., et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 27, 2000

Citations

270 A.D.2d 441 (N.Y. App. Div. 2000)
705 N.Y.S.2d 275

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