Evans v. Conley

Memorandum: Defendant corporation moved to vacate a default judgment entered against it in an action brought by the plaintiff to recover damages for personal *982injuries received as a result of an alleged attack by a patron in defendant’s bar. Special Term vacated the judgment finding justifiable excuse for the default and a meritorious defense. We reverse and hold that defendant failed to establish by competent evidence a justifiable excuse. By appearing pro se, defendant’s president violated CPLR 321 and her appearance was a nullity (Matter of Lefkowitz v Therapeutic Hypnosis, 52 AD2d 1017).

Whi…