CHERI RESTAURANT INC. v. EOCHE

1826, 650886/14.

144 A.D.3d 578 (2016)

2016 NY Slip Op 07985

42 N.Y.S.3d 113

CHERI RESTAURANT INC. et al., Respondents, v. ALAIN EOCHE, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 29, 2016.


Defendant failed to respond to plaintiff's untimely discovery demands, appear for a scheduled deposition, or attend a scheduled compliance conference. By order entered May 6, 2015, the motion court issued an order on default, which, among other things, struck defendant's answer and directed the Clerk to place the case on the trial calendar for a hearing on damages. On May 8, 2015, defendant filed an order to show cause to vacate the order entered on default. On May 12, 2015...

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