Ostroy v. Six Square LLC

Order, Supreme Court, New York County (Louis B. York, J.), entered October 16, 2009, which denied third-party plaintiffs’ motion for a default judgment against third-party defendant, unanimously reversed, on the law, without costs, and the motion granted.

The motion court erroneously denied the motion for a default judgment on the ground that service to the incarcerated third-party defendant was not proper. It is well established that where service is proper and a plaintiff makes out the facts of its entitlement to judgment, a plaintiff is entitled to a default judgment when defendant fails to…