Legal Opinion

481 Realty Corp. v. Soho Gallery, Inc.

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

Decided June 7, 2012Published

1Opinion of the Court

Order, Supreme Court, New York County (Milton A. Tingling, J), entered December 5, 2011, which granted defendants’ mo*485tion to vacate the court’s prior order directing an inquest and assessment of damages upon defendants’ default in appearing and answering the complaint, unanimously affirmed, without costs.

Upon defendants’ second motion, seeking to vacate their failure to appear at the oral argument of their prior motion to vacate their default in answering the complaint, the court providently exercised its discretion in vacating defendants’ underlying default. The court found that defendants…

2Cases cited2 opinions

  1. D&R Global Selections, S.L. v. Bodega Olegario Falcón PiñeiroAppellate Division of the Supreme Court of the State of New York · 2011
  2. IDX Capital, LLC v. Phoenix Partners Group LLCAppellate Division of the Supreme Court of the State of New York · 2010

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