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ON KEE FOODS, INC. v. 7 ELDRIDGE LLC

4021, 103279/06.

80 A.D.3d 462 (2011)

914 N.Y.S.2d 153

ON KEE FOODS, INC., et al., Respondents, v. 7 ELDRIDGE LLC, Also Known as 7 ELDRIDGE STREET LLC, Appellant.

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

Decided January 11, 2011.

Defendant failed to provide a reasonable excuse for its default in appearing at an inquest and did not proffer a meritorious defense on the issue of damages (see e.g. Crespo v A.D.A. Mgt., 292 A.D.2d 5, 9 [2002]). The contention that it did not receive any notice of the inquest is belied by the evidence. Plaintiffs' counsel informed defense counsel of the conference date, had faxed over a letter confirming the date, and called...

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