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IGS REALTY CO., L.P. v. JAMES CATERING, INC.

8263-570674/11, 8263A, 8262, 600740/09, 8261, 603561/09.

99 A.D.3d 528 (2012)

952 N.Y.S.2d 162

2012 NY Slip Op 6843

IGS REALTY CO., L.P., Respondent, v. JAMES CATERING, INC., Doing Business as LOFT ELEVEN, Appellant. IGS REALTY CO., L.P., Respondent, v. WEST SIDE LOFT AT 37TH STREET, INC., Appellant. IGS REALTY CO., L.P., Respondent, v. LOFT ELEVEN INC., Appellant. WEST SIDE LOFT, INC., et al., Appellants, v. IGS REALTY CO. et al., Respondents. IGS REALTY, CO., L.P., Respondent, v. JAMES H. BRADY, Appellant.

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

October 11, 2012.

Although tenants' argument that IGS Realty never served the default judgments with notice of entry is not preserved for appellate review (see e.g. Ta-Chotani v Doubleclick, Inc., 276 A.D.2d 313 [1st Dept 2000]), it is irrelevant since the motion to vacate was timely. Assuming the clock began ticking on the date of entry stamped on the judgments, tenants' motion was made within one year (see CPLR 5015 [a] [1]). Further, tenants...

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