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Facsimile Communications Industries, Inc. v. NYU Hospital Center

Appellate Division of the Supreme Court of New York, First Department
Apr 27, 2006
28 A.D.3d 391 (N.Y. App. Div. 2006)

Opinion

8305N.

April 27, 2006.

Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered April 15, 2005, which denied defendant's motion to vacate the default judgment entered against it, unanimously affirmed, without costs.

Jones Hirsch Connors Bull P.C., New York (Peter T. Shapiro of counsel), for appellant.

Kaufmann, Feiner, Yamin, Gildin Robbins LLP, New York (Kevin M. Shelley of counsel), for respondent.

Before: Tom, J.P., Friedman, Sullivan, Gonzalez and McGuire, JJ.


To obtain relief from the default judgment entered against it, defendant was required to demonstrate both a reasonable excuse for the default and a meritorious defense to the action ( John v. City of New York, 260 AD2d 187, 188). With regard to its purported excuse for its default, defendant failed on several occasions to respond to the action or communicate with plaintiff's counsel, despite assurances by defendant's counsel to plaintiff's counsel that it would do so. Therefore, defendant's alleged law office failures do not satisfactorily account for its prolonged failure to answer the complaint ( see 300 W. 46th St. Corp. v. Clinton Hous. W. 46th St. Partners, L.P., 19 AD3d 136). Moreover, no meritorious defense is made out by defendant's conclusory assertions that it owed a significantly lower sum to plaintiff ( see Peacock v. Kalikow, 239 AD2d 188).


Summaries of

Facsimile Communications Industries, Inc. v. NYU Hospital Center

Appellate Division of the Supreme Court of New York, First Department
Apr 27, 2006
28 A.D.3d 391 (N.Y. App. Div. 2006)
Case details for

Facsimile Communications Industries, Inc. v. NYU Hospital Center

Case Details

Full title:FACSIMILE COMMUNICATIONS INDUSTRIES, INC., Doing Business as ATLANTIC…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 27, 2006

Citations

28 A.D.3d 391 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 3156
812 N.Y.S.2d 869

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