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DAVID CHOTAN, INC. v. NATAN-YA ENTERPRISES CORP.

270 A.D.2d 383 (2000)

705 N.Y.S.2d 255

DAVID CHOTAN, INC., Plaintiff, v. NATAN-YA ENTERPRISES CORP., Appellant, ROBERT S. DIGIOSE, Doing Business as PROGRESSIVE MASON, Respondent, et al., Defendant.

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

Decided March 20, 2000.

Ordered that the order is affirmed, with costs.

The appellant Natan-Ya Enterprises Corp. (hereinafter Natan-Ya), failed to appear at the trial of a cross claim asserted against it by the defendant Robert S. Digiose, d/b/a Progressive Mason (hereinafter Digiose). Accordingly, the Supreme Court did not err in dispensing with the requirement of notice to Natan-Ya of the application by Digiose for leave to enter judgment against it upon its default (see, CPLR 3215...

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