REVITZ v. KINGSLAND GROUP, INC.


7 A.D.3d 690 (2004)

776 N.Y.S.2d 509

ROBERT REVITZ, Respondent, v. KINGSLAND GROUP, INC., ET AL., Defendants, and STELLAR FUNDING, LLC, Appellant.

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

May 17, 2004.


Ordered that the order is affirmed, with costs.

The Supreme Court properly exercised its discretion in granting the plaintiff's motion to sever the first cause of action and, in effect, for summary judgment in his favor on that cause of action and in denying the appellant's cross motion to vacate its default, in view of the lack of a meritorious defense and prejudice to the plaintiff, despite the fact that the default did not appear to be willful (see Goldman v...

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