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Wenham Realty Corp. v. Deauville Antiques, Inc.

238 A.D.2d 215 Court N.Y. App. Div. Decision date 1997-04-17 English

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p. 215
Wenham Realty Corp., Appellant, v Deauville Antiques, Inc., Respondent.
[656 NYS2d 859]

—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered October 18, 1996, which granted defendant’s motion to vacate a default judgment against it on condition that a $15,000 undertaking be posted, unanimously affirmed, with costs.

The motion court properly vacated the default judgment upon findings that the default was inadvertent and the existence of a meritorious defense was sufficiently shown. Concur— Milonas, J. P., Ellerin, Rubin and Mazzarelli, JJ.