MUMFORD v. 854 GERARD AVE. CORP.

6891N, 15787/04.

93 A.D.3d 552 (2012)

940 N.Y.S.2d 629

2012 NY Slip Op 2157

SHELBY MUMFORD, Respondent, v. 854 GERARD AVE. CORP. et al., Defendants, and THEODORE CARELOCK, Appellant. (And a Third-Party Action.)

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

Decided March 22, 2012.


The "default" should have been vacated because there was never any judgment of default entered against defendants. In this personal injury action commenced in 2004, defendants 854 Gerard Ave. Corp., individually and doing business as New Room Jazz Club/Sports Bar, and Theodore Carelock were initially represented by counsel until June 2005, when counsel was relieved. Defendants did not retain new counsel. Defendant-appellant Carelock, a principal of the corporation, who is...

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