U.S. Bus Corp. v. J.S. Ben-Ezra Industrial Sales, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*452In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Rockland County (Nelson, J.), dated December 5, 2003, which denied their motion for leave to enter judgment in favor of the plaintiff US Bus Corp. and against the defendants in the sum of $458,510 upon the defendants’ failure to appear and answer, granted the defendants’ cross motion, in effect, to vacate their default and to compel the plaintiffs to accept their verified answer, and deemed the answer served.
Ordered that the order is affirmed, with costs.
A defendant…
2Cases cited4 opinions
- Parker v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Gambardella v. Ortov Lighting, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Cilindrello v. RayabinAppellate Division of the Supreme Court of the State of New York · 2002
- Westchester Medical Center v. ELRAC, Inc.Appellate Division of the Supreme Court of the State of New York · 2003