| Kmt E., LLC v Zvi H. Katz |
| Motion No: 2012-00774 KC |
| Slip Opinion No: 2014 NY Slip Op 73455(U) |
| Decided on May 16, 2014 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| KMT East, LLC, Respondent, v Zvi H. Katz, Appellant, and Howard Katz, Defendant. |
Motion by appellant for summary reversal of an order of the Civil Court of the City of New York, Kings County, dated September 7, 2011. The order, after a traverse hearing, denied appellant's motion to vacate a default judgment, deem the answer timely filed, and restore the matter to the calendar. By decision and order on motion of this court dated December 23, 2013, the appeal was stricken from the appeals calendar and the general calendar on the ground that the record was incomplete in that it did not contain the portions of the process server's log book that had been admitted into evidence, and respondent was given 60 days from the date of the decision and order on motion to make those portions of the log book part of the appellate record. Respondent has failed to comply.
Upon the papers filed in support of the summary reversal motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, the order of the Civil Court dated September 7, 2011 is summarily reversed, without costs, and appellant's motion to vacate the default judgment, deem the answer timely filed, and restore the matter to the calendar is granted.
ENTER:
Paul Kenny
Chief Clerk