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CIRANO v. PANTSTUDIO LTD.

179 A.D.2d 361 (1992)

Cirano, S.P.A., Appellant, v. Pantstudio Ltd. et al., Respondents

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

January 7, 1992

Plaintiff's failure to advise the court, in its application for a default judgment, that it had commenced a prior action in New York County involving a related controversy, that the corporate defendant had appeared in that action, and that the action was still pending, was sufficient to warrant vacating the default (see, Oppenheimer v Westcott, 47 N.Y.2d 595). The fact that defendant Raffaeli's Italian counsel had learned...

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