Oparaji v United Home Mtge. Co.

[*1] Oparaji v United Home Mtge. Co. 2007 NY Slip Op 51369(U) [16 Misc 3d 131(A)] Decided on July 13, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 13, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570323/06.

Maurice Oparaji, Plaintiff-Respondent,

against

United Home Mortgage Company, and Remi Alabi Defendants-Appellants.

Defendants appeal from an order of the Small Claims Part of the Civil Court of the City of New York, New

York County (Ellen Gesmer, J.), entered on or about
November 4, 2006, which granted plaintiff's motion for reargument, and upon reargument, reinstated a default judgment entered against defendants.
PER CURIAM:

Order (Ellen Gesmer, J.), entered on or about November 4, 2006, affirmed, without costs.

Although the court's determination to reinstate the default judgment effectively overruled a prior order of
a court of coordinate jurisdiction, we are not bound by the
doctrine of law of the case (see Liddle, Robinson & Shoemaker v Shoemaker, 309 AD2d 688 [2003]), and may consider a motion on its merits (see Fabbricatore v
Lindenhurst Union Free School District, 259 AD2d 659
[1999]). No basis was shown to vacate the default judgment
obtained by plaintiff in this small claims action,
defendants having failed to rebut the presumption that they
received notice of plaintiff's claim (see CCA 1803[a]) or
to set forth a meritorious defense. We have considered
defendants' remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE
COURT.
I concur I concur I concur [*2]
Decision Date: July 13, 2007