Granibras Granitos Brasileiros, Ltda. v. Farber

Order, Supreme Court, New York County (Debra A. James, J.), entered November 29, 2005, which vacated the court’s prior order relieving defendants of a default judgment and granted plaintiffs motion to proceed with enforcement proceedings upon defendants’ failure to comply with the court’s directive that they file an undertaking, unanimously affirmed, without costs.

While public policy supports having actions determined on their merits, a party may not simply ignore applicable time constraints, whether imposed by judicial, statutory or other mandate, and expect to suffer no consequences. In…