Ortiz v. 3115 Broadway Development Fund

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered December 12, 2008, which granted defendant 3115 Broadway Development Fund’s motion to vacate the judgment, same court and Justice, entered June 12, 2008, after an inquest, unanimously reversed, on the law and the facts, without costs, the motion, denied, and the judgment reinstated.

By order entered August 3, 2007, the court (Kenneth L. Thompson, Jr.) ordered that defendant’s answer “is stricken unless said defendant produces employee Eddie Padilla for an EBT within 30 days.” This conditional order, which followed a pattern of…