84 A.D.3d 593 922 N.Y.S.2d 777

Morrison Cohen LLP, Appellant, v David Fink, Respondent.

[922 NYS2d 777]

Appeal from order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered December 9, 2010, which conditionally granted defendant’s motion to vacate a default judgment awarding plaintiff $254,023.70, unanimously dismissed, with costs.

The court conditioned the grant of vacatur of the default judgment on defendant’s withdrawal of his appeal to this Court from the default judgment. This Court denied defendant’s motion to withdraw his appeal after the appeal was perfected. Because defendant failed to meet the motion court’s express condition for vacatur, the grant of vacatur never became effective. Concur — Tom, J.E, Catterson, Moskowitz and ManzanetDaniels, JJ.

Cohen v. Fink
84 A.D.3d 593 922 N.Y.S.2d 777

Case Details

Name
Cohen v. Fink
Decision Date
May 17, 2011
Citations

84 A.D.3d 593

922 N.Y.S.2d 777

Jurisdiction
New York

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