Gilder v. Stern

Summary

The Appellate Division, First Department affirmed an order denying defendants’ motion to vacate a default order that granted plaintiff’s motion to reargue and, upon reargument, granted summary judgment in lieu of complaint. The court held that defendants failed to establish a meritorious defense, noting that an email describing amounts remitted and the basis for payment foreclosed an issue of fact; sanctions motions were denied.

Holdings

1. Supreme Court did not abuse its discretion in denying defendants' motion to vacate the default order because defendants failed to present a meritorious defense to the underlying motion or to plaintiff's motion to reargue.

Questions Presented

1. Whether Supreme Court abused its discretion in denying defendants' motion to vacate the order entered upon their default.
2. Whether defendants demonstrated a meritorious defense to either the underlying motion for summary judgment in lieu of complaint or plaintiff's motion to reargue.

Disposition

affirmed