Primagency, Inc. v. V-Formation, Inc.

Appellate Division of the Supreme Court of New York

Primagency, Inc. v. V-Formation, Inc.

3 A.D.3d 392, 769 N.Y.S.2d 901, 2004 N.Y. App. Div. LEXIS 322

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

DecidedJanuary 15, 2004

StatusPublished

This text of 3 A.D.3d 392 (Primagency, Inc. v. V-Formation, Inc.) 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

Primagency, Inc. v. V-Formation, Inc., 3 A.D.3d 392, 769 N.Y.S.2d 901, 2004 N.Y. App. Div. LEXIS 322 (N.Y. Ct. App. 2004).

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Opinion

Order, Supreme Court, New York County (Ira Gammerman, J.), entered October 17, 2003, which denied defendant’s motion to vacate a default judgment, unanimously affirmed, with costs. Appeal from judgment, same court and Justice, entered April 16, 2003, which awarded plaintiff, upon default, the sum of $200,000, plus interest, costs and disbursements, unanimously dismissed, without costs.

Defendant’s principal failed, on three occasions, to appear for scheduled deposition, despite warnings from the court that such failure would jeopardize defendant’s pleadings. Defendant has failed to demonstrate anything resembling a reasonable excuse for its default, which is a requisite for vacatur (Ortiz v Santiago, 303 AD2d 1, 6 [2003]; see also Rudes v Magna Stables Co., 277 AD2d 63, 64 [2000]). Rather, the record suggests that defendant’s failure to cooperate was aptly characterized by the Supreme Court Justice as “petulant” and “arrogant.”

We have considered defendant’s other arguments and find them to be unavailing. Concur—Tom, J.P., Williams, Marlow and Gonzalez, JJ.

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Order, Supreme Court, New York County (Ira Gammerman, J.), entered October 17, 2003, which denied defendant’s motion to vacate a default judgment, unanimously affirmed, with costs. Appeal from judgment, same court and Justice, entered April 16, 2003, which awarded plaintiff, upon default, the sum of $200,000, plus interest, costs and disbursements, unanimously dismissed, without costs.

Defendant’s principal failed, on three occasions, to appear for scheduled deposition, despite warnings from the court that such failure would jeopardize defendant’s pleadings. Defendant has failed to demonstrate anything resembling a reasonable excuse for its default, which is a requisite for vacatur (Ortiz v Santiago, 303 AD2d 1, 6 [2003]; see also Rudes v Magna Stables Co., 277 AD2d 63, 64 [2000]). Rather, the record suggests that defendant’s failure to cooperate was aptly characterized by the Supreme Court Justice as “petulant” and “arrogant.”

We have considered defendant’s other arguments and find them to be unavailing. Concur—Tom, J.P., Williams, Marlow and Gonzalez, JJ.

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Bluebook (online)

3 A.D.3d 392, 769 N.Y.S.2d 901, 2004 N.Y. App. Div. LEXIS 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/primagency-inc-v-v-formation-inc-nyappdiv-2004.

Opinion

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