Jackson v. Prof'l Transp. Corp.
| Decision Date | 01 February 2011 |
| Parties | Ernest JACKSON, et al., appellants, v. PROFESSIONAL TRANSPORTATION CORP., respondent, et al., defendant. |
| Court | New York Supreme Court — Appellate Division |
81 A.D.3d 602
Ernest JACKSON, et al., appellants,
v.
PROFESSIONAL TRANSPORTATION CORP., respondent, et al., defendant.
Supreme Court, Appellate Division, Second Department, New York.
Feb. 1, 2011.
Tantleff Cohen & Tantleff, P.C., Brooklyn, N.Y. (Edward D. Tantleff of counsel), for appellants.
Estrin, Benn & Lane, LLC, New York, N.Y. (Stephen M. Honan of counsel), for respondent.
ANITA R. FLORIO, J.P., THOMAS A. DICKERSON, CHERYL E. CHAMBERS, and PLUMMER E. LOTT, JJ.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Kurtz, J.), dated June 4, 2010, which granted the motion of the defendant Professional Transportation Corp., inter alia, to vacate an order of the same court (R. Miller, J.), dated October 27, 2008, granting their motion for a default judgment and directing an inquest on damages, and to vacate a judgment of the same court (Marano, J.H.O.), entered December 10, 2009, which, after an inquest on the issue of damages at which the defendant Professional Transportation Corp. did not appear, was in favor of the plaintiff Ernest Jackson and against that defendant in the principal sum of $744,482.34.
ORDERED that the appeal by the plaintiff Yvonne Jackson is dismissed, as she is not aggrieved by the order appealed from ( see CPLR 5511); and it is further,
ORDERED that the order dated June 4, 2010, is reversed on the appeal by the plaintiff Ernest Jackson, on the law, with costs, the motion of the defendant Professional Transportation Corp. to vacate the
The plaintiff correctly contends that the Supreme Court erred in granting the motion of the defendant Professional Transportation
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