Vaccarello v. Koch

OPINION OF THE COURT

Betty Weinberg Ellerin, J.

Defendants, who will hereinafter be referred to in the singular as the City, renew their motion to vacate the order entered on November 9, 1979 directing an inquest by reason of defendant’s default in appearing or answering. The original application for such relief was routinely denied without prejudice because the moving papers were inadequate on their face in not including an affidavit of merits. An identical motion to renew has also been brought in a companion case wherein Max Waldgeir is the plaintiff With respect to a similar order entered on…