Legal Opinion

Residential Board of Managers of the 99 Jane Street Condominium v. Rockrose Development Corp.

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

Decided April 14, 2005PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered February 6, 2004, which denied the motion by third-party defendant New Jersey Window Sales (Window Sales) to vacate a default judgment in the third-party action, unanimously affirmed, with costs.

Denial of vacatur was an appropriate exercise of discretion in light of the failure of Window Sales to demonstrate a reasonable excuse for the default (CPLR 5015 [a] [1]; Dugan v Belik, 170 AD2d 746 [1991]). Service of process was properly made on this third-party defendant’s designated agent by means of service upon the Secretary of…

2Cases cited3 opinions

  1. Gibson, Dunn & Crutcher, L. L. P. v. Global Nuclear Services & Supply, Ltd.Appellate Division of the Supreme Court of the State of New York · 2001
  2. Maines Paper & Food Service, Inc. v. Farmington Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  3. Dugan v. BelikAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by6 opinions

  1. Matter of Renaissance Economic Dev. Corp. v. Jin Hua LinAppellate Division of the Supreme Court of the State of New York · 2015
  2. Central City Brokerage Corp. v. AcostaAppellate Division of the Supreme Court of the State of New York · 2008
  3. Country-Wide Ins. Co. v. Power Supply, Inc.Appellate Division of the Supreme Court of the State of New York · 2020
  4. 4CS Ltd v. Kahiri Diamonds LtdAppellate Division of the Supreme Court of the State of New York · 2024
  5. Fisher v. Lewis Constr. NYC Inc.Appellate Division of the Supreme Court of the State of New York · 2020

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