Yadid, LLC v GCW Bell Corp.
2008 NY Slip Op 01747 [48 AD3d 799]
February 26, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 16, 2008


Yadid, LLC, Respondent,
v
GCW Bell Corp. et al., Defendants, and Jacques Romulus, Appellant.

[*1] Marjory Cajoux, Brooklyn, N.Y., for appellant.

Allen M. Rosenthal, Hicksville, N.Y. (Ira R. Sitzer of counsel), for respondent.

In an action, inter alia, to recover damages for breach of contract, the defendant Jacques Romulus appeals (1), as limited by his brief, from so much of an order of the Supreme Court, Kings County (Partnow, J.), dated February 14, 2006, as, upon granting his motion, in effect, to vacate a default judgment against him, conditioned the vacatur upon the depositing of his taxi medallion with the court, and (2) from an order of the same court dated June 20, 2006, which granted the plaintiff's motion, among other things, to direct him to deposit his taxi medallion with the court, and, in effect, amended the order dated February 14, 2006, by directing him to deposit his taxi medallion with the court or post a bond for the amount of the judgment with interest.

Ordered that the appeal from the order dated February 14, 2006 is dismissed, as that order was superseded by the order dated June 20, 2006; and it is further,

Ordered that the order dated June 20, 2006 is affirmed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

Contrary to the appellant's contentions, the Supreme Court properly conditioned vacatur of the default judgment upon a direction that he deposit his taxi medallion with the court or post a bond for the amount of the judgment with interest (see CPLR 5015 [a]; Testwell Craig Labs. v Charles [*2]Assoc., 264 AD2d 836 [1999]; Curry v Roman, 217 AD2d 314, 320 [1995]). Lifson, J.P., Ritter, Angiolillo and Carni, JJ., concur.