Legal Opinion

Stillwell Café, Inc. v. 1680 Eastchester Realty Corp.

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 2016No. 2587NPublishedCited by 1 opinion

1Opinion of the Court

Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered August 21, 2015, which granted defendant’s motion to vacate the default judgment entered against it after inquest, and granted leave to serve an answer, unanimously affirmed, without costs.

Defendant is not entitled to relief under CPLR 5015 (a). Defendant failed to demonstrate a reasonable excuse for its default even though there has been extensive litigation between the parties over the premises, and the person (Michael Verini) who was defendant’s chief executive officer, principal executive officer, and registered agent,…

2Cases cited3 opinions

  1. Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co.New York Court of Appeals · 1986
  2. Arabesque Recordings LLC v. Capacity LLCAppellate Division of the Supreme Court of the State of New York · 2007
  3. J & S Construction of NY, Inc. v. 321 Bowery LLCAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by1 opinion

  1. Caesar v. Harlem USA Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2017

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