230 E. 44th St. Assoc., LLC v Park on 44th Corp.

230 E. 44th St. Assoc., LLC v Park on 44th Corp. 2012 NY Slip Op 01641 Decided on March 6, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 6, 2012
Mazzarelli, J.P., Friedman, Acosta, Freedman, Abdus-Salaam, JJ. 6999- 6999A-
6999B 112075/08

[*1]230 East 44th Street Associates, LLC, Plaintiff-Respondent,

v

Park on 44th Corp., Defendant-Appellant, The Department of Consumer Affairs of The City of New York, Defendant.




Jeffrey D. Ullman, New York, for appellant.
Rivkin Radler LLP, New York (Merril S. Biscone of counsel),
for respondent.

Judgment, Supreme Court, New York County (Debra A. James, J), entered February 9, 2011, awarding plaintiff attorney's fees as against defendant Park on 44th Corp., and bringing up for review an order, same court and Justice, entered September 2, 2010, which denied said defendant's motion to vacate an order granting a default judgment, and an order, same court (Lance B. Hewitt, Special Referee), entered February 8, 2011, which directed an award of attorney's fees, unanimously reversed, on the law, without costs, the judgment vacated, and the motion granted. Appeals from the aforesaid orders unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The motion court should have vacated the default judgment. Defendant proffered a sufficient excuse for its default and demonstrated a meritorious defense.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 6, 2012

CLERK