29 RED BRIDGE PROPS., INC. v. PARK AVE. MTGE. GROUP, INC.

2007-262 S C.

2008 NY Slip Op 51443 (U)

29 RED BRIDGE PROPERTIES, INC., Respondent, v. PARK AVENUE MORTGAGE GROUP, INC. and ELLEN BITTON, Appellants.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 8, 2008.


Plaintiff commenced this action to recover the $14,002.98 balance allegedly due for work, labor, services and materials it provided in connection with professional landscaping services. Defendants failed to appear on an adjourned trial date, and the court held them in default and proceeded to inquest. Defendants promptly moved to open their default, arguing that their attorney was not given notice of the adjourned date for trial, that they did not have a written contract...

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