STILLWELL CAFÉ, INC. v. 1680 EASTCHESTER REALTY CORP.

2587N, 21236/13E.

145 A.D.3d 645 (2016)

2016 NY Slip Op 08965

42 N.Y.S.3d 804

STILLWELL CAFÉ, INC., et al., Appellants, v. 1680 EASTCHESTER REALTY CORP., Respondent.

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

Decided December 29, 2016.


Defendant is not entitled to relief under CPLR 5015 (a). Defendant failed to demonstrate a reasonable excuse for its default even though there has been extensive litigation between the parties over the premises, and the person (Michael Verini) who was defendant's chief executive officer, principal executive officer, and registered agent, passed away around the time the default occurred, because there is no explanation as to what prevented defendant from updating its entity...

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