Transit Graphics Ltd. v. Arco Distributing, Inc.

Full title: TRANSIT GRAPHICS LTD., Respondent, v. ARCO DISTRIBUTING, INC., Appellant

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

Date published: Mar 8, 1994

202 A.D.2d 241 (N.Y. App. Div. 1994)

608 N.Y.S.2d 442

Opinion

March 8, 1994

Appeal from the Supreme Court, Nassau County (John R. O'Shaugnessy, J.).

There was no basis to vacate the default since defendant failed to substantiate the law office failure claimed as the excuse for the default.

We also note that as the amount in dispute was a sum certain, there was no need for an inquest (Reynolds Sec. v. Underwriters Bank Trust Co., 44 N.Y.2d 568, 572). We have considered defendant's remaining issues and find them to be without merit.

Concur — Sullivan, J.P., Rosenberger, Ross, Rubin and Williams, JJ.