333 Cherry LLC v. Northern Resorts, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from an order of the Supreme Court (Dawson, J.), entered August 28, 2008 in Essex County, which denied defendant’s cross motion for permission to file a late answer and granted plaintiffs’ motion for a default judgment.
Plaintiffs are the owners of a hotel complex known as Northwoods Inn located in the Village of Lake Placid, Essex County. Plaintiffs are successors in interest to Northern Hotels Corporation which had entered into a lease with defendant in 1998. The lease permitted defendant to sell timeshares in Northwoods Inn in exchange for a base rent and pro rata share of taxes,…
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