Verrazano Flooring Co. v Podolsky

[*1] Verrazano Flooring Co. v Podolsky 2004 NY Slip Op 50563(U) Decided on June 4, 2004 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 4, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:PESCE, P.J., ARONIN and PATTERSON, JJ.
NO. 2003-1150 K C

VERRAZANO FLOORING CO., INC., Appellant,

against

MINDY PODOLSKY, Respondent.

Appeal by plaintiff from an order of the Civil Court, Kings County (D. Waltrous, J.), entered July 8, 2003, which granted defendant's motion to vacate a default judgment.

Order unanimously reversed without costs and defendant's motion to vacate the default judgment denied.

In a prior appeal, this court held that the Civil Court improperly denied plaintiff's motion for a default judgment. Since that determination constitutes law of the case, the
Civil Court improperly granted defendant's instant motion to vacate the default judgment which was not based on any new facts previously unavailable (see S-J Fuel Co. v Demu Services, NYLJ, Feb. 27, 2002 [App Term, 2d & 11th Jud Dists]).
Decision Date: June 04, 2004