Topic: where a party fails to respond, after notice the court is o… · Go Syfert
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Topic #10288

7 canonical passages across 6 cases, quoted by 36 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Emilcar Bermudez v. Theodore Reid, Superintendent, Fishkill Correctional Facility, and Robert Abrams, Attorney General of the State of New York.

#Case FlagCanonical passage Citers
1 Emilcar Bermudez v. Theodore Reid, Superintendent, Fishkill Correctional Facility, and Robert Abrams, Attorney General of the State of New York Anchor
ca2 · 1984
green “where a party fails to respond, after notice the court is ordinarily justified in entering a judgment against the defaulting party.” 7
2 Cablevision of Southern Connecticut, Ltd. Partnership v. Smith
ctd · 2001
green “it is well established that a party is not entitled to a default judgment as of right; rather the entry of a default judgment is entrusted to the sound judicial discretion of the court.” 7
3 Bergerson v. New York State Office of Mental Health
ca2 · 2011
green “a reasonable hourly rate by the number of reasonably expended hours.” 6
4 Barco Auto Leasing Corp. v. House
conn · 1987
green “in restoring the parties to their respective positions prior to the contract, courts generally order the seller to refund the amounts paid by the buyer for the goods and the buyer to return the goods to the seller.” 4
5 Metcalfe v. Talarski
conn · 1989
green “it is a renouncement of the contract and any property obtained pursuant to the contract, and places the parties, as nearly as possible, in the same situation as existed just prior to the execution of the contract.” 4
6 Metcalfe v. Talarski
conn · 1989
green “rescission, simply stated, is the unmaking of a contract.” 4
7 Perkins v. Colonial Cemeteries, Inc.
connappct · 1999
green “while the cutpa statutes do not provide a method for determining punitive damages, courts generally award punitive damages in amounts equal to actual damages or multiples of the actual damages.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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