SAN-DAR ASSOC. v. CORPORATE HABITAT NY, LLC

Index No. 156683/21, Appeal No. 2077, Case No. 2023-05848.

2024 NY Slip Op 02028

SAN-DAR ASSOCIATES, Plaintiff-Appellant, v. CORPORATE HABITAT NY, LLC, Defendant-Respondent.

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

Decided April 16, 2024.


Attorney(s) appearing for the Case

Kaufman Friedman Plotnicki & Grun, LLP, New York ( Ari R. Grun of counsel), for appellant.

The Price Law Firm LLC, New York ( Joshua C. Price of counsel), for respondent.

Before: Kern, J.P., Singh, Scarpulla, Mendez, Higgitt, JJ.


Order, Supreme Court, New York County (Suzanne J. Adams, J.), entered on or about October 20, 2023, which granted defendant's motion to vacate an order, same court and Justice, entered on or about May 22, 2023, granting a default judgment in favor of plaintiff and against defendant, unanimously reversed, on the law, without costs, and the motion to vacate denied.

The default judgment should not have been vacated pursuant to CPLR 5015(a)(1) because defendant failed...

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