Opinion
2012-03-6
230 EAST 44TH STREET ASSOCIATES, LLC, Plaintiff–Respondent, v. PARK ON 44TH CORP., Defendant–Appellant,The Department of Consumer Affairs of The City of New York, Defendant.
Jeffrey D. Ullman, New York, for appellant. Rivkin Radler LLP, New York (Merril S. Biscone of counsel), for respondent.
Jeffrey D. Ullman, New York, for appellant. Rivkin Radler LLP, New York (Merril S. Biscone of counsel), for respondent.
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.