Levy v. Aquasciences International, Inc.

On January 16, 1991, the trial court granted plaintiffs’ motion for a default judgment against all the named defendants for their failure to appear on calendar call. The court’s March 6, 1991 order granting default judgment and directing an assessment of damages was addressed to the defendants "other than Michael Gales”. On April 17, 1991, the court denied plaintiffs’ motion to correct the March 6, 1991 order, citing the court’s discretion under CPLR 2001 to disregard defendant Gales’s mistake or omission in failing to appear personally to contest the original motion for default judgment. The…