Verrazano Flooring Co., Inc. v. Podolsky

Full title: VERRAZANO FLOORING CO., INC., Appellant, v. MINDY PODOLSKY, Respondent

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

Date published: Jun 4, 2004

2004 N.Y. Slip Op. 50563 (N.Y. App. Term 2004)

Opinion

No. 2003-1150 KC.

Decided June 4, 2004.

Appeal by plaintiff from an order of the Civil Court, Kings County (D. Waltrous, J.), entered July 8, 2003, which granted defendant's motion to vacate a default judgment.

Order unanimously reversed without costs and defendant's motion to vacate the default judgment denied.

PRESENT: PESCE, P.J., ARONIN and PATTERSON, JJ.

In a prior appeal, this court held that the Civil Court improperly denied plaintiff's motion for a default judgment. Since that determination constitutes law of the case, the Civil Court improperly granted defendant's instant motion to vacate the default judgment which was not based on any new facts previously unavailable ( see S-J Fuel Co. v. Demu Services, NYLJ, Feb. 27, 2002 [App Term, 2d 11th Jud Dists]).