New York Supreme and/or Appellate Courts Appellate Division, First Department
March 6, 2012
230 EAST 44TH STREET ASSOCIATES, LLC, PLAINTIFF-RESPONDENT,
PARK ON 44TH CORP., DEFENDANT-APPELLANT, THE DEPARTMENT OF CONSUMER AFFAIRS OF THE CITY OF NEW YORK, DEFENDANT.
230 E. 44th St. Assoc., LLC v Park on 44th Corp.
Decided on March 6, 2012
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Mazzarelli, J.P., Friedman, Acosta, Freedman, Abdus-Salaam, JJ.
Judgment, Supreme Court, New York County (Debra A. James, J), entered February 9, 2011, awarding plaintiff attorney's fees as against defendant Park on 44th Corp., and bringing up for review an order, same court and Justice, entered September 2, 2010, which denied said defendant's motion to vacate an order granting a default judgment, and an order, same court (Lance B. Hewitt, Special Referee), entered February 8, 2011, which directed an award of attorney's fees, unanimously reversed, on the law, without costs, the judgment vacated, and the motion granted. Appeals from the aforesaid orders unanimously dismissed, without costs, as subsumed in the appeal from the judgment.
The motion court should have vacated the default judgment. Defendant proffered a sufficient excuse for its default and demonstrated a meritorious defense.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MARCH 6, 2012
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