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CHATSWORTH ASSETS, INC. v. 405 W. 45TH ST., INC.

261 A.D.2d 231 (1999)

690 N.Y.S.2d 211

CHATSWORTH ASSETS, INC., Respondent, v. 405 W. 45TH ST., INC., et al., Appellants, et al., Defendants. CHATSWORTH ASSETS, INC., Respondent, v. 405 W. 45TH ST., INC., Appellant, et al., Defendants.

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

Decided May 18, 1999.

The motion court properly held defendant fee owner in default for failure to answer plaintiff's amended complaint and properly refused to vacate the default. Defendant never prepared a proposed amended answer in the over five months that plaintiff's motion for a default judgment was pending, and its excuses do not, in fact, address this circumstance. It is thus apparent that defendant's purpose was not to preserve its rights but rather to delay (compare, Lehifa Trading...

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