IGS Realty Co. v. James Catering, Inc.

*529Although tenants’ argument that IGS Realty never served the default judgments with notice of entry is not preserved for appellate review (see e.g. Ta-Chotani v Doubleclick, Inc., 276 AD2d 313 [1st Dept 2000]), it is irrelevant since the motion to vacate was timely. Assuming the clock began ticking on the date of entry stamped on the judgments, tenants’ motion was made within one year (see CPLR 5015 [a] [1]). Further, tenants established both a reasonable excuse for their failure to appear with counsel on October 13, 2009 and a meritorious defense to IGS Realty’s nonpayment proceedings.

As a…