United States District Court, S.D. New York
May 13, 2004.
ACCESS CAPITAL, INC., Plaintiff, -against- EASYLINK SERVICES CORPORATION, Defendant
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
There is no substantial basis to question plaintiff's assertion that
it mailed the check due January 20, 2004 to the defendant or defendant's
contention that it did not receive the check. On the other hand, there
was no substantial justification for plaintiff's failure to inform the
defendant, following its service of the default notice, that the check
did not arrive within the cure period. Nor was there substantial
justification for its subsequent positions. In all the circumstances,
defendant's motion to vacate the default judgment entered herein is
granted on condition that it pay plaintiff, on or before May 21, 2004,
the sum of $1,000, the Court's estimate of the reasonable cost to
plaintiff of entering the judgment.
It is ORDERED that counsel to whom this Order is sent is responsible
for faxing a copy to all counsel and retaining verification of such in
the case file. Do not fax such verification to Chambers.
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