Appellate Division of the Supreme Court of New York, 1997

Wenham Realty Corp. v. Deauville Antiques, Inc.

Wenham Realty Corp. v. Deauville Antiques, Inc.
Appellate Division of the Supreme Court of New York · Decided April 17, 1997
238 A.D.2d 215; 656 N.Y.S.2d 859; 1997 N.Y. App. Div. LEXIS 3900
Wenham Realty Corp. v. Deauville Antiques, Inc.

Opinion of the Court

—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered October 18, 1996, which granted defendant’s motion to vacate a default judgment against it on condition that a $15,000 undertaking be posted, unanimously affirmed, with costs.

The motion court properly vacated the default judgment upon findings that the default was inadvertent and the existence of a meritorious defense was sufficiently shown. Concur— Milonas, J. P., Ellerin, Rubin and Mazzarelli, JJ.

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