Legal Opinion

313 West 57 Rest. Corp. v. 313 West 57th Associates

Appellate Division of the Supreme Court of the State of New York

Decided November 23, 1993PublishedCited by 2 opinions

1Opinion of the Court

—Order and judgment (one paper), Supreme Court, New York County (Myriam Altman, J.), entered October 22, 1992, which, insofar as appealed from, ejected appellant from respondent’s premises, unanimously affirmed, without costs.

We agree with the IAS Court that appellant’s failure to post the bond first directed in the order of September 10, 1991 until April 10, 1992 is an unexcused default warranting judgment against him. Even if that order was not "clear and unambiguous”, appellant failed again to post the bond within the extended time he was given in the order dated February 28, 1992.…

2Cases cited1 opinion

  1. Fotiadis v. 313 W. 57th AssociatesAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by2 opinions

  1. Galapo v. FeinbergAppellate Division of the Supreme Court of the State of New York · 1999
  2. 61 West 62nd Owners Corp. v. Harkness Apartment Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1994

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