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CONSOLIDATED EDISON COMPANY OF NEW YORK, INC. v. METROPOLITAN 47TH LLC

38 A.D.3d 392 (2007)

832 N.Y.S.2d 526

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Respondent, v. METROPOLITAN 47TH LLC, Appellant.

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

Decided March 22, 2007.

Inasmuch as defendant's liability was determined in an order entered on its default, and defendant never appealed from the denial of its motion to vacate that default, it was properly barred from contending at the inquest that it should not have been held liable for the utility charges at issue because it was not the party responsible for payment or that used the billed-for services. Plaintiff's printouts of computer records were...

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