David Chotan, Inc. v. Natan-Ya Enterprises Corp.

Appellate Division of the Supreme Court of New York

David Chotan, Inc. v. Natan-Ya Enterprises Corp.

270 A.D.2d 383, 705 N.Y.S.2d 255, 2000 N.Y. App. Div. LEXIS 2971

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 20, 2000

StatusPublished

This text of 270 A.D.2d 383 (David Chotan, Inc. v. Natan-Ya Enterprises Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

David Chotan, Inc. v. Natan-Ya Enterprises Corp., 270 A.D.2d 383, 705 N.Y.S.2d 255, 2000 N.Y. App. Div. LEXIS 2971 (N.Y. Ct. App. 2000).

Pincite

Opinion

—In an action to foreclose a mechanic’s lien, the defendant Natan-Ya Enterprises Corp. appeals from an order of the Supreme Court, Nassau County (Roberto, J.), dated March 31, 1999, which denied its motion to vacate (a) its default in appearing for trial on a cross claim asserted against it and (b) a judgment entered on the cross claim in favor of the defendant Robert S. Digiose, d/b/a Progressive Mason and against it.

Ordered that the order is affirmed, with costs.

The appellant Natan-Ya Enterprises Corp. (hereinafter Natan-Ya), failed to appear at the trial of a cross claim asserted against it by the defendant Robert S. Digiose, d/b/a Progressive Mason (hereinafter Digiose). Accordingly, the Supreme Court did not err in dispensing with the requirement of notice to Natan-Ya of the application by Digiose for leave to enter judgment against it upon its default (see, CPLR 3215 [g]).

The appellant’s remaining contentions are without merit. Bracken, J. P., O’Brien, Sullivan and Luciano, JJ., concur.

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—In an action to foreclose a mechanic’s lien, the defendant Natan-Ya Enterprises Corp. appeals from an order of the Supreme Court, Nassau County (Roberto, J.), dated March 31, 1999, which denied its motion to vacate (a) its default in appearing for trial on a cross claim asserted against it and (b) a judgment entered on the cross claim in favor of the defendant Robert S. Digiose, d/b/a Progressive Mason and against it.

Ordered that the order is affirmed, with costs.

The appellant Natan-Ya Enterprises Corp. (hereinafter Natan-Ya), failed to appear at the trial of a cross claim asserted against it by the defendant Robert S. Digiose, d/b/a Progressive Mason (hereinafter Digiose). Accordingly, the Supreme Court did not err in dispensing with the requirement of notice to Natan-Ya of the application by Digiose for leave to enter judgment against it upon its default (see, CPLR 3215 [g]).

The appellant’s remaining contentions are without merit. Bracken, J. P., O’Brien, Sullivan and Luciano, JJ., concur.

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Bluebook (online)

270 A.D.2d 383, 705 N.Y.S.2d 255, 2000 N.Y. App. Div. LEXIS 2971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-chotan-inc-v-natan-ya-enterprises-corp-nyappdiv-2000.