Transit Graphics Ltd. v. Arco Distributing, Inc.

Appellate Division of the Supreme Court of New York

Transit Graphics Ltd. v. Arco Distributing, Inc.

202 A.D.2d 241, 608 N.Y.S.2d 442, 1994 N.Y. App. Div. LEXIS 1986

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

DecidedMarch 8, 1994

StatusPublished

Cited by7 cases

This text of 202 A.D.2d 241 (Transit Graphics Ltd. v. Arco Distributing, 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

Transit Graphics Ltd. v. Arco Distributing, Inc., 202 A.D.2d 241, 608 N.Y.S.2d 442, 1994 N.Y. App. Div. LEXIS 1986 (N.Y. Ct. App. 1994).

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Opinion

—Order, Supreme Court, Nassau County (John R. O’Shaugnessy, J.), entered on or about February 3, 1992, which denied defendant’s motion to vacate an order granting plaintiff summary judgment on default and judgment of same court and Justice entered on or about February 13, 1992, which adjudged that plaintiff recover a money judgment in the total amount of $39,693 from defendant, unanimously affirmed, with costs.

There was no basis to vacate the default since defendant failed to substantiate the law office failure claimed as the excuse for the default.

We also note that as the amount in dispute was a sum certain, there was no need for an inquest (Reynolds Sec. v Underwriters Bank & Trust Co., 44 NY2d 568, 572). We have considered defendant’s remaining issues and find them to be without merit. Concur — Sullivan, J. P., Rosenberger, Ross, Rubin and Williams, JJ.

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—Order, Supreme Court, Nassau County (John R. O’Shaugnessy, J.), entered on or about February 3, 1992, which denied defendant’s motion to vacate an order granting plaintiff summary judgment on default and judgment of same court and Justice entered on or about February 13, 1992, which adjudged that plaintiff recover a money judgment in the total amount of $39,693 from defendant, unanimously affirmed, with costs.

There was no basis to vacate the default since defendant failed to substantiate the law office failure claimed as the excuse for the default.

We also note that as the amount in dispute was a sum certain, there was no need for an inquest (Reynolds Sec. v Underwriters Bank & Trust Co., 44 NY2d 568, 572). We have considered defendant’s remaining issues and find them to be without merit. Concur — Sullivan, J. P., Rosenberger, Ross, Rubin and Williams, JJ.

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Bluebook (online)

202 A.D.2d 241, 608 N.Y.S.2d 442, 1994 N.Y. App. Div. LEXIS 1986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/transit-graphics-ltd-v-arco-distributing-inc-nyappdiv-1994.

Opinion

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