Woodson v. Mendon Leasing Corp.
| Decision Date | 24 October 1996 |
| Parties | Zachary WOODSON, etc., et al., Plaintiffs-Respondents, v. MENDON LEASING CORPORATION, et al., Defendants, and John Densby, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Alyne I. Diamond, for Plaintiffs-Respondents.
Charles S. Webb, III, for Defendant-Appellant.
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-appellant was not entitled to receive notice of the inquest absent his written request (CPLR 3215[g][2]; Kraus Bros. v. Hoffman & Co., 99 A.D.2d 401, 402, 470 N.Y.S.2d 1), 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 Decision and Order of this Court entered herein on October 15, 1996 is hereby recalled and vacated.
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Dunn v. Braick, 2004 NY Slip Op 51138(U) (NY 9/14/2004), CA2003-002960.
...notice was required as of the time of the March 31 Judgment because there had never been an appearance. Woodson v. Mendon Leasing Corp. 232 A.D.2d 291, 648 N.Y.S.2d 911 [1 Dept. 1996]. While it is unquestionably the policy of the law to determine cases on the merits, and defaults are frowne......
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