Narrative Opinion Summary
The Appellate Division of the Supreme Court of New York dismissed an appeal filed by defendants Allied Interstate, Inc., Allied Interstate, LLC, and iQor US Inc. The appeal was against an order from the Monroe County Supreme Court, which had granted the plaintiff, Apryl Calaci, a judgment on liability due to the defendants' default and permitted an inquest on damages. Additionally, the court denied the defendants' amended motion to dismiss the complaint and to compel arbitration. The dismissal of the appeal was unanimous and without costs, with the court referencing a similar memorandum from a related case (Calaci v. Allied Interstate, Inc., appeal No. 2) dated July 5, 2013.
Legal Issues Addressed
Appellate Procedure - Dismissal of Appealsubscribe to see similar legal issues
Application: The Appellate Division dismissed the defendants' appeal unanimously and without costs, referencing a related case for consistency.
Reasoning: The dismissal of the appeal was unanimous and without costs, with the court referencing a similar memorandum from a related case (Calaci v. Allied Interstate, Inc., appeal No. 2) dated July 5, 2013.
Default Judgmentsubscribe to see similar legal issues
Application: The court granted a judgment on liability in favor of the plaintiff due to the defendants' default, leading to an inquest on damages.
Reasoning: The appeal was against an order from the Monroe County Supreme Court, which had granted the plaintiff, Apryl Calaci, a judgment on liability due to the defendants' default and permitted an inquest on damages.
Denial of Motion to Compel Arbitrationsubscribe to see similar legal issues
Application: The defendants' motion to compel arbitration was denied by the court, which upheld the trial court's decision.
Reasoning: Additionally, the court denied the defendants' amended motion to dismiss the complaint and to compel arbitration.