[Download] "Matter Tessy Plastics Corporation v. State Division Human Rights Et Al." by Court of Appeals of New York " eBook PDF Kindle ePub Free

March 04, 2021

eBook details

Title: Matter Tessy Plastics Corporation v. State Division Human Rights Et Al.
Author : Court of Appeals of New York
Release Date : January 10, 1979
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

Consideration of two issues is dispositive of this appeal. In the first place we find no abuse of discretion or other error of law in the determination by the Appellate Division to vacate the default judgment at Supreme Court. We find no sufficient reason to reject the conclusions of the Appellate Division that there was such excusable default on the part of respondents and such merit to the contention that the State Division of Human Rights should not be precluded from further proceedings with respect to the complaint of Nancy Smith as to warrant opening the default in the interest of justice. It is immaterial that the basis for reversal of the disposition at Supreme Court was found by the Appellate Division to be the unavailability of the remedy sought rather than the entitlement of respondents to prevail on the merits, and that this basis was raised by the court on its own initiative rather than advanced by respondents.