Cirano v. Pantstudio Ltd.

Plaintiffs failure to advise the court, in its application for a default judgment, that it had commenced a prior action in New York County involving a related controversy, that the corporate defendant had appeared in that action, and that the action was still pending, was sufficient to warrant vacating the default (see, Oppenheimer v Westcott, 47 NY2d 595). The fact that defendant Raffaeli’s Italian counsel had learned of the default in connection with yet another action between the same or related parties in that country, over one year prior to the making of defendant’s motion, is not fatal,…