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Philip Glick Supply Co. v. Steve Satterwhite

Citations: 215 A.D.2d 179; 626 N.Y.S.2d 149; 1995 N.Y. App. Div. LEXIS 4940

Court: Appellate Division of the Supreme Court of the State of New York; May 9, 1995; New York; State Appellate Court

Narrative Opinion Summary

Orders from the Supreme Court of New York County, presided over by Justice Myriam Altman, dated October 29, 1993, and February 22, 1994, affirmed the decision to grant the defendants' motion to vacate a default judgment, contingent upon the posting of a bond. The court determined that requiring the bond would not infringe upon the defendants' right to a fair hearing, as they possess liquidatable property, validating the exercise of judicial discretion. This ruling aligns with precedent set in Rubin v. Payne, 103 AD2d 946. The decision was concurred by Justices Ellerin, Wallach, Kupferman, Nardelli, and Mazzarelli, with one bill of costs awarded.

Legal Issues Addressed

Judicial Discretion and Fair Hearing Rights

Application: The court found that the bond requirement did not infringe upon the defendants' right to a fair hearing due to their possession of liquidatable property, thereby validating the use of judicial discretion.

Reasoning: The court determined that requiring the bond would not infringe upon the defendants' right to a fair hearing, as they possess liquidatable property, validating the exercise of judicial discretion.

Precedent in Vacating Judgments

Application: The decision to vacate the default judgment and require a bond was consistent with precedent set by a previous case, ensuring adherence to established legal principles.

Reasoning: This ruling aligns with precedent set in Rubin v. Payne, 103 AD2d 946.

Vacating Default Judgments

Application: The court affirmed the decision to vacate the default judgment, emphasizing the requirement for the defendants to post a bond, which was deemed consistent with established legal standards.

Reasoning: Orders from the Supreme Court of New York County, presided over by Justice Myriam Altman, dated October 29, 1993, and February 22, 1994, affirmed the decision to grant the defendants' motion to vacate a default judgment, contingent upon the posting of a bond.