Wimpy's Collision Works, Ltd. v. Miceli

• Decision Date: 19 February 1985
• Citation: 108 A.D.2d 854,485 N.Y.S.2d 356
• Parties: WIMPY'S COLLISION WORKS, LTD., Respondent, v. Mario MICELI, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 356

485 N.Y.S.2d 356

108 A.D.2d 854

WIMPY'S COLLISION WORKS, LTD., Respondent, v. Mario MICELI, Appellant.

Supreme Court, Appellate Division, Second Department.

Feb. 19, 1985.

Edelman & Schoenfeld, New York City (Joan S. Tancer, New York City, of counsel), for appellant.

Ralph Herbert Kress, Long Island City, for respondent.

Before GIBBONS, J.P., and THOMPSON, WEINSTEIN and BROWN, JJ.

MEMORANDUM BY THE COURT.

In an action for specific performance of a lease, defendant landlord appeals from an order of the Supreme Court, Queens County, dated March 26, 1984, which denied his motion for an order vacating a default judgment entered against him and restoring the action to the trial calendar.

Order affirmed, with costs.

While courts possess inherent discretionary power to open judgments and relieve defaults in the interest of justice (see Machnick Bldrs. v. Grand Union Co., 52 A.D.2d 655, 381 N.Y.S.2d 551), that interest does not warrant such relief in the instant case. Special Term properly concluded that defendant was bound by the terms of a stipulation entered in open court with respect to the last adjourned date (CPLR 2104; Zioncheck v. Zioncheck, 99 A.D.2d 563, 470 N.Y.S.2d 950).