Woodson v. Mendon Leasing Corp.

Appellate Division of the Supreme Court of New York

Woodson v. Mendon Leasing Corp.

232 A.D.2d 291, 648 N.Y.S.2d 911, 1996 N.Y. App. Div. LEXIS 10539

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

DecidedOctober 24, 1996

StatusPublished

Cited by2 cases

This text of 232 A.D.2d 291 (Woodson v. Mendon Leasing 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

Woodson v. Mendon Leasing Corp., 232 A.D.2d 291, 648 N.Y.S.2d 911, 1996 N.Y. App. Div. LEXIS 10539 (N.Y. Ct. App. 1996).

Pincite

Opinion

—Judgment, Supreme Court, Bronx County (Howard Silver, J.), entered March 3, 1995, awarding plaintiffs the aggregate principal sum of $3,415,416.97 against defendant John Densby, and bringing up for review an order, same court (Lorraine Backal, J.), entered on or about January 13, 1995, which, after inquest by the court, calculated damages and directed entry of judgment, unanimously affirmed, with costs. The appeal from the order is unanimously dismissed, without costs, as subsumed within the appeal from the judgment.

Having defaulted in appearance, defendant-appellánt was not entitled to receive notice of the inquest absent his written request (CPLR 3215 [g] [2]; Kraus Bros. v Hoffman & Co., 99 AD2d 401, 402), a procedure he did not follow.

We find that the sum awarded did not deviate materially from what is reasonable compensation under the circumstances (CPLR 5501 [c]).

The unpublished Decision and Order of this Court entered herein on October 15, 1996 is hereby recalled and vacated. Concur—Milonas, J. P., Wallach, Nardelli, Tom and Mazzarelli, JJ.

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—Judgment, Supreme Court, Bronx County (Howard Silver, J.), entered March 3, 1995, awarding plaintiffs the aggregate principal sum of $3,415,416.97 against defendant John Densby, and bringing up for review an order, same court (Lorraine Backal, J.), entered on or about January 13, 1995, which, after inquest by the court, calculated damages and directed entry of judgment, unanimously affirmed, with costs. The appeal from the order is unanimously dismissed, without costs, as subsumed within the appeal from the judgment.

Having defaulted in appearance, defendant-appellánt was not entitled to receive notice of the inquest absent his written request (CPLR 3215 [g] [2]; Kraus Bros. v Hoffman & Co., 99 AD2d 401, 402), a procedure he did not follow.

We find that the sum awarded did not deviate materially from what is reasonable compensation under the circumstances (CPLR 5501 [c]).

The unpublished Decision and Order of this Court entered herein on October 15, 1996 is hereby recalled and vacated. Concur—Milonas, J. P., Wallach, Nardelli, Tom and Mazzarelli, JJ.

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Bluebook (online)

232 A.D.2d 291, 648 N.Y.S.2d 911, 1996 N.Y. App. Div. LEXIS 10539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodson-v-mendon-leasing-corp-nyappdiv-1996.

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