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ESPINOZA v. 373-381 PARK AVENUE SOUTH, LLC

1790N, 14157/06

68 A.D.3d 532 (2009)

2009 NY Slip Op 9288

891 N.Y.S.2d 355

LUIS M. ESPINOZA, Respondent, v. 373-381 PARK AVENUE SOUTH, LLC, et al., Appellants, et al., Defendant.

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

Decided December 15, 2009.

Contrary to the movants' contention, "Entry of a judgment against a party defaulting in appearance is not mandatory" (Tortorello v Carlin, 260 A.D.2d 201, 204 [1999]; see also Baczkowski v Collins Constr. Co., 89 N.Y.2d 499, 504 [1997]). When plaintiff appeared at the hearing, the court had before it the note of issue and the receipt showing that...

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