Morton Grossman, P.C. v WEST 26th CORP. (2004 NY Slip Op 51238(U))

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Morton Grossman, P.C. v West 26th Corp.

2004 NY Slip Op 51238(U)

Decided on October 21, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 21, 2004

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: ARONIN, J.P., PATTERSON and GOLIA, JJ.
2004-130 K C

MORTON GROSSMAN, P.C., Appellant,

against

WEST 26th CORP. and ARON OSTREICHER, Respondents.

Appeal by plaintiff from an order of the Civil Court, Kings County (M. Solomon, J.), entered December 18, 2003, conditionally granting defendants' motion to vacate the default judgment.

Order unanimously affirmed without costs.

Upon a review of the record on appeal, we find that the court below did not abuse its discretion in vacating the default judgment (see e.g. Eastern Resource Serv. v Mountbatten Sur. Co., 289 AD2d 283 [2001]; Gisondi & Co. v Evans Dev. Corp., 131 AD2d 651 [1987]; see also Heffney v Brookdale Hosp. Ctr., 102 AD2d 842 [1984]).
Decision Date: October 21, 2004