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MLS REAL ESTATE CONSULTANTS, INC. v. EISENBERG

Index No. 655639/19, Appeal Nos. 16231 & M-2052M-2182, Case No. 2020-04281.

206 A.D.3d 595 (2022)

168 N.Y.S.3d 842

2022 NY Slip Op 04224

MLS Real Estate Consultants, Inc., Appellant, v. Sol Eisenberg, Also Known as Chaim Eisenberg, et al., Respondents.

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

Decided June 30, 2022.

Attorney(s) appearing for the Case

The Law Office of Jacob Zelmanovitz, Brooklyn (Jacob Zelmanovitz of counsel), for appellant.

Levine & Associates, P.C., Scarsdale (Michael Levine of counsel), for respondents.

Concur—Kapnick, J.P., Friedman, Moulton, Shulman, Pitt, JJ.

Under the circumstances presented, Supreme Court properly denied plaintiff's motion for a default judgment. Defendants were technically in default when they failed to timely answer or move to dismiss after they filed their notice of appearance (see e.g. Hammond v Equinox Holdings LLC, 197 A.D.3d 1039, 1040 [1st Dept 2021]). Nonetheless, as Supreme Court noted in the order on appeal, in an earlier hearing on the motion, the court had sua sponte allowed plaintiff to...

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