Appellate Division of the Supreme Court of New York, 2011

Ogen v. Nordstrom

Appellate Division of the Supreme Court of New York · Decided June 16, 2011

85 A.D.3d 552; 924 N.Y.S.2d 791

Cases that cite this one

1 later published case cites this decision.

Trawally v. East Clarke Realty Corp. (Appellate Division of the Supreme Court of New York 2012)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order, Supreme Court, New York County (George J. Silver, J.), entered September 28, 2010, which, inter alia, granted defendants’ CPLR 5015 (a) (1) motion to vacate an inquest judgment entered against them upon default, unanimously reversed, *553on the law and the facts, without costs, and the judgment reinstated.

Supreme Court improvidently exercised its discretion in vacating the judgment. Defendants failed to offer a meritorious defense on the issue of damages, or a reasonable excuse for failing to attend the inquest on November 17, 2008 (see On Kee Foods, Inc. v 7 Eldridge LLC, 80 AD3d 462 [2011]).

We have reviewed defendants’ remaining arguments and find them unavailing. Concur — Tom, J.P., Catterson, Moskowitz, Freedman and Richter, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.