REEM CONTR. v. ALTSCHUL & ALTSCHUL

Index No. 104202/11. Appeal No. 14960-14960A. Case No. 2020-03429, 2020-03523.

201 A.D.3d 416 (2022)

156 N.Y.S.3d 729

2022 NY Slip Op 00021

Reem Contracting et al., Respondents, v. Altschul & Altschul et al., Appellants.

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

Decided January 4, 2022.


Attorney(s) appearing for the Case

Altschul & Altschul, New York ( Cory S. Dworken of counsel), for appellants.

Mandelbaum Salsburg, P.C., New York ( Dennis J. Alessi of counsel), for respondents.

Concur—Gische, J.P., Singh, Mendez, Shulman, Pitt, JJ.


On this record, the motion court should not have entered a default and should have permitted defendant an opportunity to oppose plaintiff's motion for summary judgment on the merits. We note that the parties received a notice from the court via the "e-watch" email service that there was a future appearance on the motions scheduled for August 24, 2020. However, the court issued its order on...

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