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CONTRACTORS CASUALTY & SURETY COMPANY v. 535 BROADHOLLOW REALTY, L.L.C.

276 A.D.2d 737 (2000)

715 N.Y.S.2d 434

CONTRACTORS CASUALTY & SURETY COMPANY, Respondent, v. 535 BROADHOLLOW REALTY, L. L. C., et al., Defendants, and CHESTNUT HILL REAL ESTATE CORP. et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 30, 2000.

Ordered that the judgment is affirmed, with costs.

In an order dated September 9, 1998, the Supreme Court struck the appellants' answer based on their failure to appear at a pretrial conference and ordered an inquest (see, 22 NYCRR 202.27 [a]). The appellants' motion to vacate their default was denied in an order dated February 17, 1999, and, following the inquest, a judgment was entered in the plaintiff's favor. On appeal, the appellants contend that the court...

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