Majority
p. 247Lee Buchar, Respondent, v Sawyer-Ferguson-Walker Company, Inc., Appellant. [668 NYS2d 451]
Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered March 10, 1997, which denied defendant’s motion to vacate a default judgment entered against it, unanimously affirmed, with costs.
p. 248
The motion was properly denied for failure to demonstrate both a reasonable excuse for the default and a meritorious defense to the action. Plaintiff properly invoked CPLR 3213 since the stock redemption agreement in issue only requires defendant to pay plaintiff a sum of money without regard to any other obligations (see, Seaman-Andwall Corp. v Wright Mach. Corp., 31 AD2d 136 , 137, affd 29 NY2d 617 ).
We have considered defendant’s remaining contentions and find them to be without merit.
Concur — Sullivan, J. P., Milonas, Mazzarelli and Andrias, JJ.
Cases cited
- Seaman-Andwall Corp. v. Wright Machine Corp. 31 AD2d 136 at 137 p. 248
- Seaman-Andwall Corp. v. Wright Machine Corp. 29 NY2d 617 p. 248