Theatre Row Phase II Associates v. H&I, Inc.

Order and judgment (one paper), Supreme Court, New York County (Walter B. Tolub, J.), dated October 5, 2004 and entered November 3, 2004, awarding petitioner, inter alia, permanent recapture of the entire interest in distributions held by respondent, and bringing up for review an order, same court and Justice, dated October 5, 2004 and entered November 9, 2004, which denied respondent’s motion to vacate the default judgment against it, unanimously reversed, on the law, the facts and in the exercise of discretion, with costs, the motion granted and the default judgment vacated. Respondent is…