(Download) "Apt. Mgmt. Assoc. Inc. v. Borshchevskaya" by Appellate Term, Second Department New York Supreme Court # Book PDF Kindle ePub Free

eBook details

Title: Apt. Mgmt. Assoc. Inc. v. Borshchevskaya
Author : Appellate Term, Second Department New York Supreme Court
Release Date : January 28, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 70 KB

Description

In or about September 2003, plaintiff commenced this action to recover, inter alia, damages for "loss of rent and disbursements arising out of the breach of a written lease." Defendant subsequently served plaintiffs attorney with an answer in October 2003, but did not file the same with the clerk of the court. Thereafter, in March 2004, a default judgment was entered against defendant. Defendant then moved to vacate the default judgment, dismiss the action pursuant to CPLR 3211 (a) (4) on the ground that there was a pending action against defendant for the same cause of action which plaintiff had commenced in April 2003, and for sanctions and costs pursuant to the Rules of the Chief Administrator (22 NYCRR) Â§ 130-1.1 (a) (b), (c) and (d). Said motion was denied by order of the court below entered on May 14, 2004.