URS Corporation-New York v. Expert Electric, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (Paul Wooten, J.), entered February 8, 2017, awarding petitioner attorneys’ fees, unanimously reversed, on the law, without costs, and the judgment vacated.
The court properly declined to vacate respondent’s default, upon which petitioner’s motion to cancel the public improvement lien filed by respondent was granted, because respondent failed to demonstrate a reasonable excuse for the default and a meritorious defense (see Lopez-Reyes v Heriveaux, 144 AD3d 486 [1st Dept 2016]).
The court erred in awarding petitioner attorneys’ fees since, as petitioner…
2Cases cited2 opinions
- A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
- Lopez-Reyes v. HeriveauxAppellate Division of the Supreme Court of the State of New York · 2016