MATTHEW v. H&R EXECUTIVE TOWERS


244 A.D.2d 302 (1997)

664 N.Y.S.2d 53

Michael Z. Matthew, Respondent, v. H&R Executive Towers et al., Appellants, et al., Defendant

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

November 25, 1997


The landlord's default cannot be excused upon their bare assertion that it was the result of their insurance company's loss or misplacement of the order to show cause that apparently accompanied the summons and complaint and sought immediate injunctive relief. No evidence from the insurer was offered in support of this excuse. We would also note that the attorneys assigned by the landlord's insurer made no inquiries upon receiving notice of settlement of the default judgment...

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