LUMBERMANS MUT. CAS. CO. v. ULTRACASHMERE HOUSE, LTD.


169 A.D.2d 419 (1991)

Lumbermans Mutual Casualty Company et al., Plaintiffs, v. Ultracashmere House, Ltd., et al., Appellants, and Schwarzfeld, Ganfer, Shore & Rosenblum, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

January 8, 1991


Movant's reliance upon the provisions of CPLR 3215 is misplaced. The stipulation of settlement at issue did not, by its terms, provide for the entry of a default judgment in the event of a party's failure to comply. Accordingly, movant's attempt to hold its former attorneys in default for their purported failure to return discovery documents and to execute a satisfaction of judgment must fail.

With respect to that portion of the motion seeking the recusal of Justice...

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