Opinion
November 10, 1986
Appeal from the Supreme Court, Oneida County, Sullivan, J.
Present — Callahan, J.P., Doerr, Boomer, Lawton and Schnepp, JJ.
Order reversed with costs on the law and in the exercise of discretion and motion denied. Memorandum: Defendant corporation moved to vacate a default judgment entered against it in an action brought by the plaintiff to recover damages for personal injuries received as a result of an alleged attack by a patron in defendant's bar. Special Term vacated the judgment finding justifiable excuse for the default and a meritorious defense. We reverse and hold that defendant failed to establish by competent evidence a justifiable excuse. By appearing pro se, defendant's president violated CPLR 321 and her appearance was a nullity (Matter of Lefkowitz v Therapeutic Hypnosis, 52 A.D.2d 1017).
While defendant's failure to serve an answer to plaintiff's amended complaint may under the circumstances be understandable, no justifiable excuse was given why defendant again defaulted by not appearing at the inquest after notice of the hearing had been timely and properly served upon it by registered mail, return receipt requested (Passalacqua v Banat, 103 A.D.2d 769, appeal dismissed 63 N.Y.2d 770; Rondout Val. Pub. Co. v AM Intl., 93 A.D.2d 912, 913). In view of our determination, we need not address the question of whether defendant established the existence of a meritorious defense.
All concur, except Callahan, J.P., and Schnepp, J., who dissent and vote to affirm.