Bergen v. 791 Park Avenue Corp.

Order, Supreme Court, New York *331County (Harold Tompkins, J.), entered on or about July 7, 1989, which granted defendant’s motion to vacate a default judgment entered against it on January 12, 1989, unanimously affirmed, with costs.

Plaintiff conceded below that defendant’s default was inadvertent and excusable. The sole issue remaining was whether defendant had a meritorious defense. Plaintiff’s argument below and on appeal is specifically addressed to the merits of the lawsuit, and invites the court to conduct an evaluation thereof. However, such an inquiry is premature at this juncture. It is…