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TRANSIT GRAPHICS LTD. v. ARCO DISTRIB., INC

Appellate Division of the Supreme Court of New York, First Department.
Mar 8, 1994

There was no basis to vacate the default since defendant failed to substantiate the law office failure claimed as the excuse for the default.

We also note that as the amount in dispute was a sum certain, there was no need for an inquest (Reynolds Sec. v. Underwriters Bank Trust Co., 44 N.Y.2d 568, 572). We have considered defendant's remaining issues and find them to be without merit.

Concur — Sullivan, J.P., Rosenberger, Ross, Rubin and Williams, JJ.