R. M. R. Restaurant, Inc. v. Bygaph Corp.

Weiss, J. Appeal from an order of the Supreme Court at Special Term (Harlem, J.), entered December 12, 1984 in Delaware County, which partially denied defendant’s motion to vacate a default judgment.

In October 1981, defendant entered into a contract to purchase a restaurant in New York City owned by plaintiff. Pursuant to the agreement, defendant assumed two of plaintiff’s outstanding bank loans. Thereafter, the parties amended the agreement by executing a security agreement in the nature of a chattel mortgage in plaintiffs favor and a sublease, with plaintiff as landlord and defendant as…