RICH TOWN REALTY, INC. v. KIM'S INTERNATIONAL, INC.

6638N, 600618/10

91 A.D.3d 563 (2012)

936 N.Y.S.2d 889

2012 NY Slip Op 473

RICH TOWN REALTY, INC., Respondent, v. KIM'S INTERNATIONAL, INC., Appellant.

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

Decided January 26, 2012.


The court properly denied defendant's motion to vacate the default. In order to succeed on its motion, defendant was required pursuant to either CPLR 317 or CPLR 5015 (a) (1) to establish a meritorious defense. Defendant failed to do so because the original commission agreement stated that its terms could not be changed orally. Evidence of any alleged oral modification to decrease the broker's commission from $500,000 to $250,000...

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