Arctic Glacier USA, Inc. et al v. Good Enough to Eat Uptown, Ltd. et al
Before: New York Supreme Court, Appellate Term, First Department (2017) Citation: 57 Misc. 3d 139 (A)
Background: In this breach of contract action, the defendants moved to have the default judgment entered against them vacated so that they could interpose an answer. The Civil Court granted defendants’ motion and the default judgment was vacated.
Decision: The Appellate Term reversed the lower court’s ruling holding that defendants failed to demonstrate a reasonable excuse for the default and failed to demonstrate a meritorious defense. The Court reinstated the default judgment.