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RAJN CORP. v. LS CONSTRUCTION COMPANY, INC

Appellate Division of the Supreme Court of New York, First Department
Jun 7, 2005
19 A.D.3d 158 (N.Y. App. Div. 2005)

Opinion

6256N.

June 7, 2005.

Order, Supreme Court, New York County (Helen E. Freedman, J.), entered on or about June 8, 2004, which denied defendant's motion to vacate a prior default judgment of the same court and Justice, entered November 20, 2001, in the amount of $200,000 plus interest, costs and disbursements, unanimously affirmed, with costs.

Warren S. Hecht, Forest Hills, for appellants.

Lazarus Lazarus, P.C., New York (Harlan M. Lazarus of counsel), for respondent.

Before: Mazzarelli, J.P., Andrias, Friedman, Gonzalez and Catterson, JJ.


Defendants have not offered a reasonable excuse for their failure to oppose plaintiff's motion, pursuant to CPLR 3126, to strike their answer ( see Grieco v. Walker, 8 AD3d 66). Nor have they attempted to explain their failure and refusal to respond to court-ordered discovery, or their failure to appear at the inquest. In the absence of a reasonable excuse, denial of the motion to vacate the default judgment was a provident exercise of discretion ( Silverman Weinraub v. Gillon, 1 AD3d 142).


Summaries of

RAJN CORP. v. LS CONSTRUCTION COMPANY, INC

Appellate Division of the Supreme Court of New York, First Department
Jun 7, 2005
19 A.D.3d 158 (N.Y. App. Div. 2005)
Case details for

RAJN CORP. v. LS CONSTRUCTION COMPANY, INC

Case Details

Full title:RAJN CORPORATION, Respondent, v. LS CONSTRUCTION COMPANY, INC., Also Known…

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

Date published: Jun 7, 2005

Citations

19 A.D.3d 158 (N.Y. App. Div. 2005)
795 N.Y.S.2d 886

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