ZELEFSKY v. ROCKEFELLER CTR. PARKING


197 A.D.2d 452 (1993)

602 N.Y.S.2d 618

Florence Zelefsky et al., Respondents, v. Rockefeller Center Parking et al., Defendants, and RCP Associates et al., Appellants

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

October 21, 1993


Plaintiffs timely moved for a default judgment against RCP. Plaintiffs served a summons and complaint upon RCP on October 23, 1990. Within one year of RCP's default, plaintiffs moved before Justice Cahn for, inter alia, an inquest and an assessment of damages against RCP for its default (see, CPLR 3215 [c]). Justice Sherman, in his decision granting reargument, noted that due to no fault of plaintiffs, upon his consideration of plaintiffs' prior motion for a default...

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