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Fernandez v. HC Jams, Inc.

Appellate Division of the Supreme Court of New York, Second Department
May 17, 1999
261 A.D.2d 504 (N.Y. App. Div. 1999)

Opinion

May 17, 1999

Appeal from the Supreme Court, Kings County (Kramer, J.).


Ordered that the appeal from the order dated July 1, 1998, is dismissed, as that order was superseded by the amended order dated July 15, 1998; and it is further,

Ordered that the amended order dated July 15, 1998, is affirmed insofar as appealed from; and it is further,

Ordered that the respondents are awarded one bill of costs.

The defendants' contention that the judgment entered upon their default is a nullity because the plaintiffs failed to comply with CPLR 3215 (f) is unpreserved for appellate review ( see, Matos v. Blondet, 206 A.D.2d 968). In any event, the contention is without merit.

The Supreme Court properly denied the defendants' motion to vacate the default judgment in light of their failure to provide any reasonable excuse for their failure to timely appear in the action ( see, Roussodimon v. Zafiriadis, 238 A.D.2d 568).

In addition, it was proper to require the defendants to post a $100,000 bond as a condition to staying enforcement of the judgment ( see, Cruz v. First Call Ambulette Serv. Corp., 243 A.D.2d 599; 52-54 E. End Assocs. v. Weinstein Assocs., 167 A.D.2d 234), and to require the defendants to pay the plaintiffs' reasonable attorneys fee as compensation for the delay and associated costs caused by the defendants' neglect ( see, e.g., Lammers v. Lammers, 227 A.D.2d 255).

Bracken, J. P., Thompson, Goldstein, McGinity and Schmidt, JJ., concur.


Summaries of

Fernandez v. HC Jams, Inc.

Appellate Division of the Supreme Court of New York, Second Department
May 17, 1999
261 A.D.2d 504 (N.Y. App. Div. 1999)
Case details for

Fernandez v. HC Jams, Inc.

Case Details

Full title:HAROLD FERNANDEZ et al., Respondents, v. HC JAMS, INC., et al., Appellants

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

Date published: May 17, 1999

Citations

261 A.D.2d 504 (N.Y. App. Div. 1999)
687 N.Y.S.2d 907

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