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GRAN SABANA v. GOURMET MKT.

193 Misc.2d 788 (2002)

751 N.Y.S.2d 667

GRAN SABANA CORP., N.V., Respondent, v. MIDTOWN GOURMET FOOD MARKET, INC., Respondent, and JOHN DOE et al., Appellants.

Supreme Court, Appellate Term, First Department.

November 21, 2002.

Attorney(s) appearing for the Case

Horing Welikson & Rosen, P.C., Forest Hills (Leonard R. Kaplain of counsel), for appellants.

Mandel, Resnik & Kaiser, P.C., New York City (Jerry A. Montag of counsel), for Gran Sabana Corp., N.V., respondent.

McCOOE, J.P., GANGEL-JACOB and SCHOENFELD, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order dated March 14, 2002 reversed with $10 costs, appellants' motion to vacate the default judgment is granted, and the matter is remanded for further proceedings on the petition consistent with this decision.

Appeal from order dated February 28, 2002 dismissed, without costs, as academic.

The default judgment must be vacated because of landlord's failure to name and join a necessary party, appellant K&...

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